Quashed

E.B.Prasanth and Others v. State of Kerala and Others

Kerala HC8 Oct 2010Crl.MC/3774/2010

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings (CC. 366/2010) regarding Section 498A and 406 IPC offences upon settlement of matrimonial disputes via Lok Adalat and the third respondent's affidavit confirming the settlement.

What did the court decide?

Criminal Misc. Case No. 3774 of 2010 and C.C. 366/2010 before the Judicial First Class Magistrate's Court, III, Thrissur are quashed.

E.B.Prasanth and Others Vs State of Kerala and Others — 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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FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932

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Crl.MC.No. 3774 of 2010()

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------------------------------------CC.366/2010 of JUDL. MAGISTRTE OF FIRST CLASS COURT-III, THRISSUR

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PETITIONERS/ACCUSED 1 TO 3

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

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1. E.B. PRASANTH, S/O.BHASKARAN, ERAVIMANGALATH HOUSE, P.O.NADATHARA, MOORKKANIKARA DESOM, THIRRUR DISTRICT.

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2. RAMANI BHASKARAN, W/O.BHASKARAN, ERAVIMANGALATH HOUSE, P.O.NADATHARA, MOORKKANIKARA DESOM, THIRRUR DISTRICT.

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3. PRAMEELA UDAYAKUMAR, W/O.UDAYAKUMAR, KODAKARA VEETTIL, VELUR P.O., THALAPPILLY TALUK.

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BY ADV. SRI.N.NAGARESH, SRI.SHAJI THOMAS PORKKATTIL.

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RESPONDENTS/STATE/COMPLAINANT & DEFACTO COMPLAINANT

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

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION, MANNUTHY, THRISSUR DISTRICT-680 651

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3. SOWMYA, D/O.MOHANAN, THALIKULAM VEETTIL, PANDIKKAVU STREET, CHEROOR P.O., VIYYUR VILLAGE, THRISSUR DISTRICT-680 008.

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R1 & R2 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. R3 BY ADV. SRI.A.R.GANGADAS.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2010, 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.3774 OF 2010 --------------------------------------------- Dated 8^th October, 2010

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O R D E R

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Petitioners are the accused and

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third respondent, the de facto complainant

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and wife of the first petitioner, in C.C.366/2010 on the file of Judicial First

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Class Magistrate's Court-III, Thrissur taken cognizance for the offences under Sections 406 and 498 A read with Section 34 of Indian Penal Code on Annexure-A5 final

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report submitted by Sub Inspector of Police, Mannuthy Police Station in Crime No.719/2009. Petition is filed under Section 482 of Code of Criminal Procedure

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to quash the case pending before the learned Magistrate contending that entire matrimonial disputes were settled before

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Crmc 3774/10

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the Lok Adalath, evidenced by Annexure-A1 and in view of the settlement, it is not in the interest of justice to continue the

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prosecution.

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Third respondent appeared through a counsel and filed an affidavit stating that entire matrimonial disputes were settled and therefore, she has no objection for quashing the proceedings. Learned Public Prosecutor submitted that statement of the third respondent recorded establishes that there was settlement of the matrimonial disputes.

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B.S.Joshi and others v. State of Haryana and

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another (2003(4) SCC 675 ) when matrimonial

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disputes are settled amicably, it is not in

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the interest of justice to stand on technicalities and continue the prosecution.

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Crmc 3774/10

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Affidavit filed by third respondent wife establishes that entire matrimonial disputes were settled, as evidenced by Annexure-A1 award of the Lok Adalath, Thrissur. In such circumstances, it is not in the interest of justice to continue the prosecution. C.C.366/2010 on the file of Judicial First Class Magistrate's Court-III, Thrissur is quashed.

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M.SASIDHARAN NAMBIAR, JUDGE.

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uj.

E.B.Prasanth and Others v. State of Kerala and Others

Case brief

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E.B.Prasanth and Others v. State of Kerala and Others

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