The Court dismissed the criminal proceeding against the accused since the dispute was personal in nature and the parties had reached a settlement, with the second respondent having no further grievance.
Crl.M.C. No. 3503 of 2011 is allowed and further proceedings in C.C.No.10/2011 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933
Crl.MC.No. 3503 of 2011()
-----------------------------------CC.10/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PAYYOLI. CRIME NO.469/2010 OF PAYYOLI POLICE STATION.
PETITIONERS/ACCUSEE 1 TO 4
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1. MAHESH. P, S/O. KUMARAN (LATE), AGED 27 YEARS, PUNCHAKKARA HOUSE, P.O. KANKOLE, KANKOLE AMSOM, ALAKKAD DESOM, THALIPARAMBU TALUK, KANNUR DISTRICT.
2. NARAYANI, W/O. KUMARAN (LATE), AGED 55 YEARS, PUNCHAKKARA HOUSE, P.O. KANKOLE, KANKOLE AMSOM, ALAKKAD DESOM, THALIPARAMBU TALUK, KANNUR DISTRICT.
3. MANESH. P, S/O. KUMARAN (LATE), AGED 30 YEARS, PUNCHAKKARA HOUSE, P.O. KANKOLE, KANKOLE AMSOM, ALAKKAD DESOM, THALIPARAMBU TALUK, KANNUR DISTRICT.
4. MINI. P., D/O. KUMARAN (LATE), AGED 33 YEARS, PUNCHAKKARA HOUSE, P.O. KANKOLE, KANKOLE AMSOM, ALAKKAD DESOM, THALIPARAMBU TALUK, KANNUR DISTRICT.
BY ADV. SRI.M.V.AMARESAN
RESPONDENTS/STATE AND COMPLAINANT
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. NEETHU. O.K, D/O. SULOCHANA, AGED 23 YEARS, OTTUKULATHIL HOUSE, P.O. IRINGAL, KOYILANDY TALUK, KOZHIKODE DISTRICT - 673 101.
R1 BY PUBLIC PROSECUTOR MR.S. SURESH. R2 BY ADV. SRI.G.SANTHOSH KUMAR.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs
Crl.MC.No. 3503 of 2011
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE-ITRUE COPY OF THE F.I.R IN CRIME NO. 469/2010 OF PAYYOLI POLICE STATION. ANNEXURE-IITRUE COPY OF THE FINAL REPORT FILED BY THE POLICE AGAINST THESE PETITIONERS IN CRIME NO.469/2010.
ANNEXURE-IIITRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE IST PETITIONER AND THE 2ND RESPONDENT DATED 30/03/2011.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.A. TO JUDGE
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-------------------------------Crl.M.C. No.3503 of 2011
N.K.BALAKRISHNAN, J.
Dated this the 8th day of November 2011
O R D E R
Petitioners are the accused in C.C.No.10/2011 on the file of J.F.C.M., Payyoli. The offences alleged against them are under Secs.498A, 406 and 354 r/w 34 IPC. 2nd respondent is the de facto complainant therein. She is represented in this Court by her counsel. It is submitted by both sides that parties have settled the matter and that the 2nd respondent has no further grievance in the matter.
Since the dispute is purely personal in nature and as the parties have settled the matter, this Crl.M.C. is allowed. Further proceeding in C.C.No.10/2011 on the file of J.F.C.M., Payyoli is quashed.
N.K.BALAKRISHNAN, JUDGE.
Jvt
1 issue framed by the court
Whether the quashing of criminal proceedings is warranted when the disputed matter is personal in nature and the parties have settled the grievance.
Mahesh P and Others
State of Kerala
Neethu O.K
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
