Allowed

Anand.T.a and Others v. Dhanya.P.R and Others

Kerala HC10 Nov 2011Crl.MC/1589/2010

Case brief

AI extract

What is this about?

High Court at Ernakulam allowed a criminal miscellaneous petition seeking to quash criminal proceedings. The court held that since the dispute was personal and a settlement had been arrived at, the matter was disposed of by quashing the proceedings against the petitioners who were accused in a Section 498A IPC case.

What did the court decide?

Petition allowed; further proceedings in Crl.M.C. No.153/10 of Medical College Police Station, Thiruvananthapuram quashed.

Anand.T.a and Others Vs Dhanya.P.R and Others — Dowry and Cruelty | Kerala HC (2011)

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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 N.K.BALAKRISHNAN

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THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933

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Crl.MC.No. 1589 of 2010()

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-----------------------------------CMP.550/2010 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM ................................................................

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PETITIONERS/ACCUSED:

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

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1. ANAND T.A,S/O.K.R.THANKAPPAN PILLAI, AGED 35 YEARS,SWATHY,MANAYILKULANGARA CHERRI,KOLLAM.

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2. THANKAM T.A,W/O.RAJESH,AGED 37 YEARS, KALEECKAL,KADATHOOR,THAZHAVA,KARUNAGAPPALLY.

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3. P.ANANDAVALLY AMMA,W/O.K.R.THANKAPPAN PILLAI, AGED 59 YEARS,SWATHY,MANAYILKULANGARA CHERRI, KOLLAM WEST VILLAGE.

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4. AROMAL T.A,S/O.K.R.THANKAPPAN PILLAI, AGED 28 YEARS,SWATHY,MANAYILKULANGARA CHERRI, KOLLAM WEST VILLAGE.

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5. K.R.THANKA PPAN PILLAI,AGED 75 YEARS,

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SWATHY,MANAYILKULANGARA CHERRI,KOLLAM WEST VILLAGE

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BY ADVS. SRI.M.R.HARIRAJ SMT.VINITHA B.

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RESPONDENTS/COMPLAINANT:

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

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1. DHANYA P.R,D/O.M.RAJENDRAN PILLAI, AGED 27 YEARS,RESIDING AT 'APSARA'PMRA-B-34A, MANGANNOORKKONAM LANE,PATTOM PALACE P.O, THIRUVANANTHAPURAM.

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2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.

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R1 BY ADV.SRI.D.KISHORE

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R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRMC.NO.1589/2010

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APPENDIX

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PETITIONER'S ANNEXURES :

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A – 1 : COPY OF C.M.P.NO.550/2010 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT DATED 11.02.2010.

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A – 2 : COPY OF FIR IN CRIME 153/2010 IN THE MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DATED 15.02.2010.

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A – 3 : COPY OF AGREEMENT FOR SETTLEMENT DATED 24.02.2010.

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A – 4 : COPY OF THE ORDER DATED 29.03.2010 IN B.A.NO.1654/2010 OF THIS HONOURABLE COURT.

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RESPONDENT'S ANNEXURES : NIL

/TRUE COPY/

P.A TO JUDGE

N.K. BALAKRISHNAN,J.

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Crl.M.C. 1589 of 2010

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Dated this the 10th day of November, 2011

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O R D E R

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Petitioners are the accused in Crime No.153/10 of Medical College Police Station, Thiruvananthapuram. The offence alleged against them are under Section 498A IPC. The respondent is the complainant therein. She is represented in this court by her counsel. It is submitted by the counsel appearing for both sides that the matter has already been settled. Affidavit of the first respondent has also been filed stating that the matter has been settled out of court. The dispute is purely personal in nature. Hence, in the light of the settlement arrived at, this petition is allowed. Further proceedings in Crl.M.C. No.153/10 of Medical College Police Station, Thiruvananthapuram is quashed.

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N.K. BALAKRISHNAN,JUDGE

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smvd

Anand.T.a and Others v. Dhanya.P.R and Others

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Anand.T.a and Others v. Dhanya.P.R and Others

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