Allowed

Anas v. State of Kerala

Kerala HC25 Jan 2012Crl.MC/226/2012

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a petition under Section 482 CrPC to quash proceedings for offences under Section 498-A read with Section 34 IPC. The court was satisfied with the affidavit alleging settlement and the presence of parties, directing the accused to pay a sum to the Legal Services Authority.

What did the court decide?

The petition under Section 482 CrPC is allowed and all proceedings in C.C.1970/2010 are quashed. The accused are directed to pay Rs. 2,500 to the District Legal Services Authority, Ernakulam.

Anas Vs State of Kerala — Kerala HC (2012) — LawSathi Research

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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. P.S.GOPINATHAN

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WEDNESDAY, THE 25TH DAY OF JANUARY 2012/5TH MAGHA 1933

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CRMC.No. 226 of 2012 ()

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C.C.1970/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA.

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PETITIONERS/ACCUSED NO.1 TO 3:

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1. ANAS, K. MANZIL, KANALIPPARAMBIL,

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MALIKAMPEEDIKA DESOM,

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ALNGADU VILLAGE, ERNAKULAM.

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2. KUNJU MARAKKAR, K MANZIL,

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KANALIPPARAMBIL, MALIKAMPEEDIKA DESOM, ALNGADU VILLAGE, ERNAKULAM.

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3. PATHUMBI, K MANZIL,

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KANALIPPARAMBIL, MALIKAMPEEDIKA DESOM, ALNGADU VILLAGE, ERNAKULAM.

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BY ADV. SRI.SABU GEORGE

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RESPONDENTS/COMPLAINANT & STATE:

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1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR.

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2. THAHIRA, W/O.ANAS, AGED 31 YEARS,

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K MANZIL, KANALIPPARAMBIL, MALIKAMPEEDIKA DESOM,

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ALNGADU VILLAGE, ERNAKULAM-683 531.

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R1 BY PUBLIC PROSECUTOR MR.REJI JOSEPH. R2 BY ADV. SRI.NIDHI BALACHANDRAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-01-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRMC.No. 226 of 2012

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE I COPY OF THE M.P.1400/2009 IN C.C.1970/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE -I, ALUVA.

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ANNEXURE II COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT BEFORE THIS HONOURABLE COURT.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.A. TO JUDGE

P.S.GOPINATHAN, J

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---------------------------Crl.M.C.No.226 OF 2012

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-------------------------Dated this the 25^th day of January, 2012.

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O R D E R

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In this petition under Section 482 of the Code of

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Criminal Procedure. The petitioners, who are the accused in C.C.1970/2010 on the file of the Judicial Magistrate of the First Class - I, Aluva for offences under Sections 406 and 498(A) r/w Section 34 IPC seek an order to quash all further proceedings in the complaint instituted by the first respondent, the wife of the first accused and daughter in law of the second and third accused. The prayer was sought with a plea that the matter has been settled between the parties and that the first petitioner along with the first respondent is residing together happily. The first respondent also had filed an affidavit affirming the settlement of the dispute. The

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parties are present before this court. First respondent and the first petitioner were heard and satisfied that there is a real settlement of the dispute.

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Crl.M.C.No.226 OF 2012 2

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In the above circumstance, this petition is allowed and all further proceedings in C.C.No.1970/2010 on the file of the Judicial Magistrate of the First Class - I, Aluva would stand quashed. The petitioners 1 to 3 shall pay a sum of Rs.2,500/(Rupees Two Thousand Five Hundred Only) to the District Legal Services Authority, Ernakulam. In the event of failure to pay the amount which shall be levied as fine by the Judicial Magistrate of the First Class - I, Aluva .

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P.S.GOPINATHAN, JUDGE

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amk

Anas v. State of Kerala

Case brief

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What did the court decide?

Anas v. State of Kerala

Case brief

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What did the court decide?

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