Quashed

Damodaran P. v. Renu v.Nampoothiri

Kerala HC18 Oct 2012Crl.MC/2523/2012

Case brief

AI extract

What is this about?

The Kerala High Court quashed criminal proceedings against a petitioner accused of an offence under Section 498A IPC, noting that spouses had resolved disputes, a divorce decree was granted, and the complainant was no longer interested in prosecution.

What did the court decide?

Criminal proceedings against the petitioner/accused in C.C. No. 1496 of 2011 are quashed under Section 482 CrPC.

Damodaran P. Vs Renu v.Nampoothiri — Cheating and Forgery | Kerala HC (2012)

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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 S.S.SATHEESACHANDRAN

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THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934

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Crl.MC.No. 2523 of 2012 (A)

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IN CC.1496/2011 of J.M.F.C.-I,HOSDRUG

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PETITIONER/ACCUSED.: -

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DAMODARAN P., S/O.KRISHNAN NAMBOOTHIRI, PUTHIYADOM HOUSE, VELESWARAM, KODAT, HARIPURAM P.O., KANHANGAD, KASARAODE.

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BY ADV. SRI.SIBY CHENAPPADY

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RESPONDENT / COMPLAINANT AND STATE : -

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1. RENU V.NAMPOOTHIRI, D/O.P.K.VISHNU NAMBOOTHIRI, PULLERI ILLAM, NEAR PALLIPPURATHU KAVU, KODIMATHA, KOTTAYAM.

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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.C.JOSEPH JOHNY R2 BY PUBLIC PROSECUTOR SRI. R. RANJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 2523 of 2012 (A)

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APPENDIX

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PETITIONER'S ANNEXURES :

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ANNEXURE 1 : COPY OF THE FIR IN CRIME NO. 1542/2010 DATED 24.11.2010 OF KOTTAYAM WEST POLICE STATION. ANNEXURE 2 : COPY OF THE FIR IN CRIME NO. 1291/2010 DATED 1.12.2010 OF HOSDURG POLICE STATION. ANNEXURE 3 : COPY OF THE FINAL REPORT DATED 23.12.2011. ANNEXURE 4 : AFFIDAVIT SWORN BY FIRST RESPONDENT. ANNEXURE V : CERTIFIED COPY OF THE JUDGMENT DATED 30.07.2012 IN O.P. NO. 1762/2011 OF THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR.

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RESPONDENTS' ANNEXURES : NIL.

// TRUE COPY //

P.A. TO JUDGE

DMR/-

S.S.SATHEESACHANDRAN,J.

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--------------------------------------Crl.M.C. NO. 2523 of 2012

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Dated this the 18^th day of October, 2012

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ORDER

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Petitioner is the accused in a pending case numbered as C.C. No.1496 of 2011 on the file of the Judicial First Class Magistrate-I, Hosdurg. He is being prosecuted for the offence punishable under Section 498A of the Indian Penal Code, which arose on a complaint filed by his wife, the first respondent. Spouses have resolved all their disputes, and on mutual consent a decree of divorce severing their matrimonial relationship has been granted by the Family Court, is the submission of the counsel. Annexure-V is the copy of the judgment passed by the Family Court, Kottayam at Ettumanoor. Submissions made as above are endorsed by the learned counsel appearing for the first respondent who submits that the de facto complainant/wife is no longer interested in prosecuting her former husband. Composition

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Crl.M.C. NO. 2523 of 2012

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of the offence which arose on account of matrimonial disputes and settlement made by the spouses deserve to be taken due note of even where the offence imputed as such is not compoundable under the provisions of the Code of Criminal Procedure, for short the 'Code'. Offence alleged against the petitioner/husband could be treated as personal to the wife and not affecting the public at large. Further more in view of the settlement effected by the parties even if the prosecution is continued there is remote chance of any conviction rendered against the accused person. At best such continuation may result only in wastage of precious time of the court. Taking note of the above aspects, more particularly the settlement effected by the spouses, which has led to passing of a decree of divorce severing the relationship of spouses, I find the request for composition of the offence canvassed for can be allowed.

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In the circumstances, criminal proceedings against the petitioner/accused in C.C. No. 1496 of 2011 on

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Crl.M.C. NO. 2523 of 2012

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the file of the Judicial First Class Magistrate-I, Hosdurg, are quashed invoking the inherent powers of this court under Section 482 of the Code.

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Crl.M.C. is disposed of.

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S.S.SATHEESACHANDRAN JUDGE.

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DMR /-

Damodaran P. v. Renu v.Nampoothiri

Case brief

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Damodaran P. v. Renu v.Nampoothiri

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