Dismissed

Jolly v. State of Kerala

Kerala HC10 Dec 2015Crl.MC/5760/2013

Case brief

AI extract

What is this about?

The High Court of Kerala rejected the accused's application to quash the prosecution under Section 482 CrPC as the allegations of cruelty under Section 498A IPC were substantiated. The court dismissed the case in limine but preserved the right to file for discharge.

What did the court decide?

The Criminal Miscellaneous Case is dismissed in limine without prejudice to the right to apply for discharge before the Magistrate.

Jolly Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2015)

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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.UBAID

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THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937

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Crl.MC.No. 5760 of 2013 ()

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CC 431/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR

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PETITIONER(S)/ACCUSED:

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JOLLY, AGED 37 YEARS, S/O.LAZAR, PULICHUMAKKALTHITTIYIL HOUSE AYYANKUNNU AMSOM, VANIPPARA, KANNUR DISTRICT.

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BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

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RESPONDENTS/STATE & DEFACTO COMPLAINT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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2. PRIYA SCARIA, AGED 32 YEARS, D/O.SCARIA, MANALEL HOUSE, AYYANKUNNU AMSOM KOOMENTHODE, KARIKOTTAKKARIL P.O., KANNUR DISTRICT.

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R2 BY ADV. SRI.RAJIT

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R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5760 of 2013 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A1: COPY OF THE FIR WITH F.I.STATEMENT IN CRIME NO.19/2011 OF KARIKOTTAKKARI POLICE STATION, KANNUR.

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ANNEXURE A2: COPY OF THE FINAL REPORT IN C.C. NO.431/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANNUR. ANNEXURE A3: COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE MARRIAGE OFFICER, ULIYIL, KANNUR DISTRICT DATED 18/7/2013.

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RESPONDENT(S)' EXHIBITS NIL

//TRUE COPY//

PA TO JUDGE

bka/-

P. UBAID, J.

Crl. M.C. No. 5760 of 2013

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Dated this the 10^th day of December, 2015

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O R D E R

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The petitioner herein is the sole accused in CC No.431/2011 of the Judicial First Class Magistrate Court, Mattannoor. The case now stands transferred to the register of long pending cases as LP No.45/2012. When the police came with warrant of arrest, the petitioner approached this Court for orders quashing prosecution under Section 482 of the Code of Criminal Procedure. He seeks relief on the ground that the complaint or the final report does not contain the essentials for a prosecution under Section 498(A) of the Indian Penal Code.

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On hearing both sides and on a perusal of materials including the complaint and the final report, I find that the prosecution brought by the Police is not baseless. In the complaint, the 2^nd respondent has made allegations against her husband, that she had been mentally and physically harassed by her husband by a course of cruel conduct. The Police conducted

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..2..

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Crl. M.C. No. 5760/2013

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investigation and collected materials substantiating such allegations. Accordingly, a final report was filed in court. On a perusal of the materials, I find that there is nothing to indicate that continuance of this prosecution will be an abuse of legal process. I find no reason or ground to quash the prosecution under Section 482 of the Code of Criminal Procedure. However, the remedy available to the petitioner to apply for discharge is open. He can approach the learned Magistrate and, if so advised, he can file application for discharge. There is absolutely no reason or ground to quash the prosecution as such under Section 482 of the Code of Criminal Procedure.

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In the result, the Crl.M.C. is dismissed in limine without being admitted to files, however, without prejudice to the right of the petitioner to make an application for discharge before the learned Magistrate.

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Sd/- P. UBAID JUDGE

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bka/11.12.2015

Jolly v. State of Kerala

Case brief

What is this about?

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Jolly v. State of Kerala

Case brief

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