Allowed

Anilkumar @ Karthikeyan v. State of Kerala

Kerala HC20 May 2014Crl.MC/2469/2014

Case brief

AI extract

What is this about?

High Court of Kerala quashed the challan in a criminal proceeding where the husband (petitioner) was accused of assaulting his wife. The Court found that the parties had settled the dispute and restored their relationship, holding that further proceedings would cause prejudice.

What did the court decide?

Criminal Misc. No. 2469 of 2014 was allowed; the Final Report in C.C. No. 1423 of 2013 was quashed.

Anilkumar @ Karthikeyan Vs State of Kerala — Dowry and Cruelty | Kerala HC (2014)

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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 A.HARIPRASAD

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TUESDAY, THE 20TH DAY OF MAY 2014/30TH VAISAKHA, 1936

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Crl.MC.No. 2469 of 2014 ()

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CC 1423/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KAYAMKULAM CRIME NO. 1625/2013 OF KAYAMKULAM POLICE STATION , ALAPPUZHA

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PETITIONER(S)/ACCUSED:

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ANILKUMAR @ KARTHIKEYAN AGED 44 YEARS, S/O. KUNJUKRISHNAN KOTTAKATTU KIZHAKATHIL, WARD XI KRISHNAPURAM PANCHAYATH, NJAKKANAL MURI KRISHNAPURAM VILLAGE.

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BY ADVS.SRI.SIJU KAMALASANAN SRI.S.ABHILASH

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RESPONDENT(S)/DEFACTO COMPLAINANT AND STATE:

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STATE OF KERALA

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REPRESENTED BY THE SUB INSPECTOR OF POLICE

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KAYAMKULAM POLICE STATION

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THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA

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LATHIKA

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W/O. ANILKUMAR, AGED 29 YEARS

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KOTTAKKATTU KIZHAKKATHIL VEEDU, NJAKKANAL MURI KRISHNAPURAM VILLAGE, KAYAMKULAM, ALAPPUZHA DISTRICT.

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R2 BY ADV. SRI.N.ANIL KUMAR

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R1 BY PUBLIC PROSECUTOR C.K.JAYAKUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO.2469/2014

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE 1 THE COPY OF FIR WITH FIS IN CRIME NO.1625/2013 OF KAYAMKULAM POLICESTATION

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ANNEXURE 2 THE COPY OF FINAL REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM IN CRIME NO.1625/2013

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ANNEXURE 3 THE COPY OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT REGARDING THE COMPROMISE DATED 17.03.2014

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RESPONDENTS' EXHIBITS:

NIL

//TRUE COPY//

A.HARIPRASAD, J.

Crl.M.C. No.2469 of 2014

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Dated this the 20^th day of May, 2014.

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ORDER

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Petitioner is the accused in Crime No.1625 of 2013 of Kayamkulam Police Station registered under Sections 294(b), 323, 324 and 506(ii) of the Indian Penal Code. Defacto complainant/2^nd respondent is the wife of the petitioner. The crime was registered on the allegation that the petitioner physically assaulted the defacto complainant on 29.07.2013. It is also alleged in the first information statement that the petitioner was in the habit of meting out cruelty to the defacto complainant.

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Heard the learned counsel for the petitioner and the learned counsel for the 2^nd respondent/defacto complainant. Learned Public Prosecutor is also heard.

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Learned counsel for the petitioner submitted that the husband and wife settled the matter through the intervention of well-wishers and they are now living together happily. Learned counsel for the defacto complainant also submitted that the parties have settled the matter. Considering the relationship between the parties and the fact that they have restored their relationship, I find that further proceeding with the matter would cause prejudice to the parties.

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Crl.MC No.2469 of 2014

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In the result, the petition is allowed. Annexure-2 final report in C.C.No.1423 of 2013 of Judicial First Class Magistrate Court, Kayamkulam is hereby quashed.

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A. HARIPRASAD, JUDGE.

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cks

Anilkumar @ Karthikeyan v. State of Kerala

Case brief

What is this about?

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Anilkumar @ Karthikeyan v. State of Kerala

Case brief

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What did the court decide?

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