Premchand v. Shyba
Case brief
What is this about?
High Court of Kerala allowed petition filed by five accused in matrimonial dispute to quash criminal proceedings initiated under Section 498A IPC on grounds of genuine amicable settlement and victim’s affidavit confirming intent to divorce.
What did the court decide?
Prosecution in C.C No.383/2014 quashed under Section 482 CrPC; petitioners released from prosecution and bail bonds discharged.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937
Crl.MC.No. 7687 of 2015 ()
AGAINST CC 383/2014 of J.M.F.C.- I, OTTAPPALAM
PETITIONER(S):
1. PREMCHAND AGED 28 YEARS
- S/O.CHANDRAN, 7/13B, RAJARAKTHAM NAGAR
- SELVAPURAM, COIMBATORE, TAMILNADU.
2. KAMALAM AGED 53 YEARS
- W/O.CHANDRAN, 7/13B, RAJARAKTHAM NAGAR
Issues for consideration
2 issues framed by the court
Whether the prosecution under Section 498A IPC can be quashed under Section 482 CrPC upon an amicable settlement between the parties.
Whether the claim of the victim concerned in the matrimonial dispute can be treated as perfectly settled accepting their proposal of divorce.
Parties & counsel
- petitioner
PREMCHAND AND OTHERS
- respondent
SHUBA
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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