Allowed

Subaida & Another v. State of Kerala & Others]

Kerala HC3 Apr 2012Crl.MC/3381/2011

Case brief

AI extract

What is this about?

The High Court of Kerala allowed petitions under Section 482 CrPC filed by accused persons who alleged the case stemmed from a settled matrimonial dispute. Finding that the dispute was resolved via an agreement and payment of dues, the court quashed further proceedings against the petitioners, subject to a condition to remit a sum to the Legal Services Authority. Subject tags are: matrimonial-and-

What did the court decide?

Quashed all further proceedings in C.C. No. 304/2011. Directed petitioners to remit Rs. 3,000 to the District Legal Services Authority, Thrissur within one month.

Subaida & Another Vs State of Kerala & Others] — Matrimonial and Divorce | 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. P.S.GOPINATHAN

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TUESDAY, THE 3RD DAY OF APRIL 2012/14TH CHAITHRA 1934

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Crl.MC.No. 3381 of 2011 ( C )

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CC.304/2011 of J.M.F.C.-I,THRISSUR CRIME NO.90/2011 OF CHERPU POLICE STATION.

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PETITIONER(S)/PETITIONER/ACCUSED 2 AND 3.:

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SUBAIDA, W/O.HAMSA, KOZHAKKUZHI PARAMBIL HOUSE, INCHAMUDI P.O., VYKKOLCHIRA

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THRISSUR DISTRICT.

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HAMSA, KOZHAKKUZHI PARAMBIL HOUSE,

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INCHAMUDI P.O., VYKKOLCHIRA, THRISSUR DISTRICT.

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BY ADVS.SRI.SHAHUL HAMEED MOOPPAN

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SRI.K.M.VARGHESE

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COMPLAINANT(S):

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STATE OF KERALA REPRESENTED BY THE

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PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

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SUB INSPECTOR OF POLICE,

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CHERPU POLICE STATION, THRISSUR DISTRICT-680 561.

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FEBIN, D/O.MUHAMMED, VADAKKETHALACKAL HOUSE, KULIMUTTOM VILLAGE,KODUNGALLUR THRISSUR DISTRICT-680 691.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN. R3 BY ADVS. SRI.TPM.IBRAHIM KHAN (SR.)

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& SRI.K.M.ABDUL MAJEED

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-04-2012, ALONG WITH CRMC. 4050/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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amk

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P.S.GOPINATHAN, J

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---------------------------Crl.M.C.Nos. 3381 & 4050 OF 2011

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-------------------------Dated this the 3^rd day of April, 2012.

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O R D E R

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Petitions under Section 482 of the Code of

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Criminal Procedure. The petitioner in Crl.M.C.No.4050/2011 is the first accused in C.C.No.304/2011 on the file of the Judicial Magistrate of the First Class - I, Thrissur. The petitioners in Crl.M.C.No.3381/2011 are accused 2 and 3 in the above case. The offences alleged are under Sections 406, 498A and 323 r/w Section 34 IPC. The plea of the petitioners is that the case arose out of a matrimonial dispute and it has been settled out of court and that the first accused pronounced Thalak and that the matrimonial relationship between

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Crl.M.C.Nos. 3381 & 4050 OF 2011 2

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the first accused and the defacto complainant was dissolved and therefore, the petitioners sought for quashing the final report and consequential

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proceedings.

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The defacto complainant appeared through counsel. A copy of the notice intimating Talak as well as an agreement of dissolution of marriage is produced. It is also submitted that all what is due to the defacto complainant on divorce was also paid. In the above circumstance, having the matrimonial dispute become quietus, I find that it would be appropriate to quash all further proceedings in C.C.No.304/2011 on the file of the Judicial

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Crl.M.C.Nos. 3381 & 4050 OF 2011 3

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Magistrate of the First Class -I, Thrissur.

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In the result, both these petitions are allowed and all further proceedings in C.C.No.304/2011 on the file of the trial court would stand quashed. The petitioners are directed to remit a sum of Rs.3,000/- (Rupees Three Thousand Only) before the District Legal Services Authority, Thrissur within one month, failing which the trial court shall realize the same as if fine and remit it before the District Legal Services Authority.

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P.S.GOPINATHAN, JUDGE

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amk

Subaida & Another v. State of Kerala & Others]

Case brief

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Subaida & Another v. State of Kerala & Others]

Case brief

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