The High Court of Kerala allowed the petitioner's mercy petition and quashed the proceedings under Section 498A IPC after recording that the dispute was personal in nature and had been settled out of court.
Quashed the criminal proceedings (C.C.No:231/2008) against the petitioner.
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 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933
Crl.MC.No. 3566 of 2011()
------------------------CC.231/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL ....................
PETITIONER(S):
---------------
ANIL BALAN, S/O.BALAN,AGED 42 YEARS, PALLAPUZHA HOUSE,SOUTH OF ST.JOEPH'S CHURCH, PAVARATTY VILLAGE,THRISSUR DISTRICT.
BY ADV. SMT.MEREENA JOSEPH
RESPONDENT(S): ---------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM
2. BINDU, D/O.K.K.BALAKRISHNAN, JANAKI BHAVAN,ARASUMMNADU, KULATHOOR P.O.,THIRUVANANTHAPURAM
R1 BY PUBLIC PROSECUTOR SRI. N.SURESH R2 BY ADV. SRI.C.D.JOHNY
THIS CRIMINAL MISC.CASE HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3566 of 2011()
APPENDIX
PETITIONERS ANNEXURES:
RESPONDENTS ANNEXURES: NIL
//TRUE COPY//
P.A.TO JUDGE
JJJ
N.K. BALAKRISHNAN, J.
Crl. M.C. No: 3566 OF 2011 (C)
Dated this the 22nd day of November, 2011 O R D E R
The petitioner is the sole accused in C.C.
No:231/2008 on the file of J.F.C.M.-II, Attingal. The offence
alleged against him is under section 498(A) of I.P.C.
The second respondent is the defacto complainant
therein. She is represented in this court by her counsel. Affidavit also has been filed stating that the matter has been settled out of Court. The dispute is purely personal in nature.
In the light of the settlement arrived at, this petition is allowed. Proceedings in C.C.No:231/2008 of J.F.C.M.-II, Attingal, against this petitioner, is quashed.
N.K. BALAKRISHNAN, JUDGE
jjj
1 issue framed by the court
Whether a First Information Report under Section 498A IPC should be quashed in light of a private settlement?
Anil Balan
State of Kerala
Bindu
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
