This court quashed criminal proceedings instituted based on an FIR for matrimonial offences. The petitioners, accused in a case involving sections 498A and 406 IPC, sought quashing under Section 482 CrPC, citing a full and final settlement evidenced by an agreement signed by all parties.
Crime 159/2009 registered under Annexure A F.I.R is quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932
Crl.MC.No. 3357 of 2010()
----------------------------------( CRIME NO. 159/2009,CHOMBALA POLICE STATION,VADAKARA TALUK, KOZHIKODE DISTRICT.)
PETITIONER(S): ACCUSED NO. 1 TO 5
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1. SUNIL KUMAR, S/O.KUMARAN, AGED 38 YEARS, PARANGIMAVULLA PARAMBATHU, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT.
2. KUMARAN, S/O.CHEKKOTTI, AGED 65 YEARS, PARANGIMAVULLA PARAMBATHU, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT.
3. SAROJINI, W/O.KUMARAN, AGED 55 YEARS, PARANGIMAVULLA PARAMBATHU, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT.
4. SUJESH, S/O.KUMARAN, AGED 26 YEARS, PARANGIMAVULLA PARAMBATHU, CHOMBALA, VADAKARA TALUK, KOZHIKODE DISTRICT.
5. SUNIJA, D/O.KUMARAN, AGED 28 YEARS, MEETHALE THAYYULLA PARAMBATH, PAZHAMKAVU, VADAKARA.
BY ADV. SRI.AVM.SALAHUDIN
RESPONDENT(S): COMPLAINANT/STATE
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1. REENA, D/O.NARAYANAN, AGED 36 YEARS, KUZHINHAVATTAM KUNIYIL, CHOMBALA.P.O., VADAKARA TALUK, KOZHIKODE DISTRICT- 673 308
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.M.MUHAMMED SHAFI R2 BY PUBLIC PROSECUTOR SRI. P.A.SALIM
THIS CRIMINAL MISC. CASE HAVING FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
M.SASIDHARAN NAMBIAR,J.
=========================== CRL.M.C.No. 3357 OF 2010 ===========================
Dated this the 28th day of October,2010
ORDER
First petitioner is the husband and first respondent his wife. Petitioners 2 and 3 are the parents and 4 and 5 the brother and sister of the first petitioner. Petitioners are the accused and first respondent, the de facto complainant in Crime No.159/2009 of Chombala Police Station registered for the offences under sections 498A and 406 read with section 149 of Indian Penal Cod under Annexure A F.I.R, based on a private complaint filed by the first respondent 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 the proceedings contending that entire matrimonial disputes were settled amicably, as evidenced
Crl.M.C.3357/2010 2
by Annexure B agreement and consequent to the settlement, it is not in the interest of justice to continue the prosecution.
Haryana and another (2003) 4 SCC 675) when matrimonial disputes are settled amicably, it is not in the interest of justice to continue the prosecution.
Crl.M.C.3357/2010 3
Petition is allowed. Crime 159/2009 registered
under Annexure A F.I.R is quashed.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
W.P.(C).NO. /06
--------------------JUDGMENT
SEPTEMBER,2006
2 issues framed by the court
Whether criminal proceedings under sections 498A, 406, and 149 IPC can be quashed upon a settlement of matrimonial disputes.
Whether the availability of an amicable settlement agreement precludes the necessity to continue prosecution.
Colour shows how this judgement treated each authority
B.S. Joshi and others v. State of Haryana and anotherDistinguished¶30
B.S. Joshi and others v. State of Haryana and another (2003) 4 SCC 675 · Who else cites this
3 provisions across 2 enactments
SUNIL KUMAR
KUMARAN
SAROJINI
SUJESH
SUNIJA
REENA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.SASIDHARAN NAMBIAR
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