Single judge outright dismissed Section 498A proceedings upon finding a matrimonial settlement and joint residence. Court permitted remission of Rs.2,500 to the District Legal Services Authority.
Quash further proceedings and direct respondents to remit Rs.2,500 to District Legal Services Authority.
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. P.S.GOPINATHAN
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2012/26TH MAGHA 1933
Crl.MC.No. 343 of 2012 (C)
CC.443/2011 of J.M.F.C.- I, OTTAPPALAM AND CRIME NO.506/2011 OF OTTAPALAM POLICE STATION.
PETITIONER(S):
N.SIVAPRAKASH, AGED 44 YEARS, S/O.APPUKUTTY, NARUKKACHIRA VEEDU NEERAMANGALAM POST, TRIKKATIRI, OTTAPALAM TALUK
BY ADV. SRI.R.SREEHARI
COMPLAINANT(S):
REP.BY THE SUB INSPECTOR OF POLICE
R1 BY SRI.K.RAJESH SUKUMARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 343 of 2012 (C)
APPENDIX
PETITIONER(S) ANNEXURES :-
ANNEX.A1:PHOTOCOPY OF COMPLAINT DTD 28/7/2011 FILED BY THE IST RESPONDENT BEFORE THE COURT OF JFCM OTTAPPALAM
ANNEX.A2:PHOTOCOPY OF FIR NO 506/2011 DTD 8/8/2011 OF OTTAPALAM POLICE STATION,
ANNEX.A3:PHOTOCOPY OF FINAL REPORT FFILED IN CRIME NO 506/2011 OF OTTAPALAM POLICE STATION DTD 2/9/2011
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE
amk
P.S.GOPINATHAN, J
----------------------------
Crl.M.C.No.343 OF 2012
-------------------------Dated this the 15th day of February, 2012.
O R D E R
In this petition under Section 482 of the
Code of Criminal Procedure, the petitioner, who is the accused in C.C.No.443/2011 on the file of the Judicial Magistrate of the First Class, Ottapalam alleging offence under Section 498A IPC seeks an
order to quash all further proceedings in Annexure A3 final report with a plea that the case arose out of a matrimonial dispute and it is now settled between him and the first respondent and that they are residing together and there is no more dispute subsisting between them. In support of the plea of settlement, the first respondent filed an affidavit affirming the settlement and that they are living together with children in the matrimonial home.
Crl.M.C.No.343 OF 2012 2
In the result, this petition is allowed and all further proceedings would stand quashed. The first respondent is directed to remit Rs.2,500/-(Rupees Two Thousand and Five Hundred Only) before the District Legal Services Authority, Palakkad within one month. In the event of failure to deposit, the Judicial Magistrate of the First Class, Ottapalam shall realise the same as if fine and remit it before
the District Legal Services Authority.
P.S.GOPINATHAN, JUDGE
amk
2 issues framed by the court
Whether proceedings under Section 498A IPC should be quashed upon settlement and resumption of joint living
Whether the petitioner needs to deposit a sum before the District Legal Services Authority
2 provisions across 2 enactments
N. Sivarakash
Reej Prakash
State of Kerala
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
