Quashed

Nikhila Soman v. the State of Kerala

Kerala HC7 Jan 2010Crl.MC/29/2010

Case brief

AI extract

What is this about?

The Single Judge allowed a petition to quash proceedings under Section 498A IPC. The court held that since the petitioner, the de facto complainant, had amicably settled matrimonial disputes as per a Family Court judgment, continuing prosecution was not in the interest of justice.

What did the court decide?

Criminal Complaint (C.C.) No. 443 of 2008 on the file of ACJM Court Thalassery quashed.

Nikhila Soman Vs the State of Kerala — Matrimonial and Divorce | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931

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Crl.MC.No. 29 of 2010()

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-------------------------------CRIME NO.147/2008 OF KATHIROOR POLICE STATION. C.C.NO.443/2008 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY.

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PETITIONER/COMPLAINANT

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----------------------------------------

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NIKHILA SOMAN, D/O.ALICE SOMAN, 'SOMAN'S GARDEN', POOKODE P.O., KUTHUPARAMBA, KANNUR DISTRICT.

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BY ADV. MR.C.R.SIVAKUMAR

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RESPONDENTS/COMPLAINANT AND STATE

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---------------------------------------------------------------

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1. THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KATHIROOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2. BAIJU NOEL MANIYAN, S/O.LATE LOUIS (BIPINDAS), 'ROSE VILLA', PUCHAKKAD P.O., PAYYANOOR, KANNUR DISTRICT.

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R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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rs.

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M.Sasidharan Nambiar, J.

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Crl.M.C.No.29 of 2010

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ORDER

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Petitioner is the defacto complainant and second respondent, her husband, the accused in C.C.No.443/2008 on the file of Additional Chief

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Judicial Magistrate's Court, Thalassery, taken cognizance for the offence under Section 498A of Indian Penal Code on Annexure-3 final report in Crime No.147/2008 of Kathiroor Police Station. Case was registered on Annexure-2 complaint filed by the petitioner before the Magistrate and sent for investigation under Section 156(3) of Code of Criminal Procedure. This petition is filed under Section 482 of Code of Criminal Procedure to quash

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the proceedings contending that in view of the settlement, it is not in the interest of justice to continue the prosecution. Petitioner produced Annexure-4 judgment of the Family Court, Kannur in

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O.P.No.174/2009 to show that there has been

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CRMC 29/2010

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settlement of all the disputes with the second respondent.

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Learned counsel appearing for the petitioner

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and learned Public Prosecutor were heard.

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The defacto complainant wife herself has filed this petition to quash the proceedings contending that her matrimonial disputes with the second respondent were settled amicably. Annexure-4 judgment of the Family Court, Kannur produced evidences the settlement. As held by the Apex Court

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in B.S.Joshi v. State of Haryana ((2003) 4 SCC 675), when the matrimonial disputes are settled between the parties, it is not in the interest of justice to continue the prosecution.

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Petition is allowed. C.C.No.443/2008 on the file of Additional Chief Judicial Magistrate's Court, Thalassery is quashed.

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7^th January, 2010 (M.Sasidharan Nambiar, Judge) tkv

Nikhila Soman v. the State of Kerala

Case brief

What is this about?

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Nikhila Soman v. the State of Kerala

Case brief

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