Allowed

Archana M.A. v. Sadasivan Pillai

Kerala HC17 Dec 2014Crl.MC/6467/2014

Case brief

AI extract

What is this about?

The petition under Section 482 Cr.P.C. seeking to quash the First Information Report and subsequent proceedings based on a mutual settlement affidavit was allowed. The High Court held that since disputes were amicably settled and parties were living together peacefully, quashing was just and expedient.

What did the court decide?

Annexures-A1 and A2 FIRs and all further proceedings in C.C.1998/2014 based on them were quashed.

Archana M.A. Vs Sadasivan Pillai — Kerala HC (2014) — 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 B.KEMAL PASHA

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WEDNESDAY, THE 17TH DAY OF DECEMBER 2014/26TH AGRAHAYANA, 1936

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Crl.MC.No. 6467 of 2014 ()

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CC 465/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT,PARAPPANANGADI

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PETITIONER :

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------------------

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ARCHANA M.A., AGED 43 YEARS, D/O.ASIS, KAILAS HOUSE, KANNUR.

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BY ADVS.SRI.MANJERI SUNDERRAJ SRI.M.SANJEEVE

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RESPONDENTS :

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----------------------

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1. SADASIVAN PILLAI, AGED 52 YEARS, S/O.NARAYANAN PILLAI, DEVATHIYAL PARAMBA, TENHIPALAM, MALAPPURAM PIN 673 636.

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2. STATE OF KERALA

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REPRESENTED BY STATION HOUSE OFFICER, TIRURANGADI POLICE STATION, TIRURANGADI , MALAPPURAM

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R1 BY ADV. SRI. RAJEEV MARAKKATH R2 BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 6467 of 2014 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE 1: COPY OF MALAPPURAM TIRURANGADI POLICE CR FIR NO.34/2010 DATED 13/1/2010.

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ANNEXURE 2: COPY OF MALAPPURAM TIRURANGADI POLICE CR FR NO.38/2010 DATED 21/2/2010.

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ANNEXURE 3: COPY OF MUTUAL SETTLEMENT AGREEMENT BETWEEN PETITIONER AND IST RESPONDENT.

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ANNEXURE 4: SOLOMON AFFIDAVIT OF THE IST RESPONDENT CONFIRMING THE ANNEXURE 3 SETTLEMENT

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.S. TO JUDGE

B.KEMAL PASHA, J.

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................................................................ CRL. M.C. No.6467 of 2014

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............................................................... Dated this the 17^th day of December, 2014

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O R D E R

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Petitioner has come up with this Crl.M.C. under Section 482 Cr.P.C. for getting Annexures-A1 and A2 First Information Report and Final Report respectively of the Tirurangadi Police Station, Malappuram and all further proceedings based on it in C.C.465/2010 pending before the Judicial First Class Magistrate's Court, Parappanangadi, quashed.

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Heard learned counsel for the petitioner, the

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learned counsel for the respondent, and the learned Public Prosecutor.

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According to the petitioner, all the matters in dispute between the petitioner and the 1^st respondent have

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CRL.M.C.No.6467 of 2014

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-: 2 :-

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been amicably settled and presently the petitioner has no complaints against the 1^st respondent and, therefore, the proceedings against the respondent may be quashed.

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The petitioner has filed an affidavit affirming that all the matters in dispute between her and the 1^st respondent have been amicably settled and, therefore, she has no complaints against the 1^st respondent, and, hence, all further proceedings in the matter referred to above can be quashed. The learned counsel for the petitioner also endorses the fact that the affidavit has been sworn in by the petitioner on her own volition.

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Through a settlement the petitioner and the 1^st respondent are living together as husband and wife and are leading a peaceful married life. Therefore, it is only just and expedient in the interest of justice to quash the proceedings referred to above.

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In the result, this Crl.M.C. is allowed and Annexures-A1 and A2 First Information Report and final report in Crime No.

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CRL.M.C.No.6467 of 2014

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-: 3 :-

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262/2014 of the Tenhipalam Police Station, Malappuram and all further proceedings based on it in C.C.1998/2014 pending before the Judicial First Class Magistrate's Court-I,

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Parappanangadi, are hereby quashed.

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Sd/- B.KEMAL PASHA, JUDGE

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ul/-

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[True copy] P.S. to Judge

Archana M.A. v. Sadasivan Pillai

Case brief

What is this about?

What did the court decide?

Archana M.A. v. Sadasivan Pillai

Case brief

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