High Court quashed final report and proceedings in C.C.No.1094/2015 under Section 498A IPC for Section 498A offence involving death of victim by suicide. Settlement reached; quashing deemed necessary to secure ends of justice.
Final report and further proceedings in C.C.No.1094/2015 quashed.
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 B.SUDHEENDRA KUMAR
WEDNESDAY, THE 9TH DAY OF AUGUST 2017/18TH SRAVANA, 1939
Crl.MC.No. 1410 of 2017 ()
CC 1094/2015 of ADDL.C.J.M. COURT, ERNAKULAM CRIME NO. 1128/2011 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM -----------------
PETITIONER(S)/ACCUSED 1 TO 3::
1. STANLY JOSEPH S/O.JOSEPH, AGED 45 YEARS, RESIDING AT KANAPPILLY HOUSE, AYYAPPANKAVU WEST ROAD, ERNAKULAM VILLAGE, ERNAKULAM DISTRICT.
2. MARY JOSEPH W/O.JOSEPH, AGED 81 YEARS, RESIDING AT KANAPPILLY HOUSE, AYYAPPANKAVU WEST ROAD, ERNAKULAM VILLAGE, ERNAKULAM DISTRICT.
3. MINI JOSY W/O.JOSY, AGED 51 YEARS, RESIDING AT PUNNAKKAYATH HOUSE, GANAPATHY TEMPLE ROAD, VADUTHALA, CHERANALLUR VILLAGE, ERNAKULAM DISTRICT.
BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENT(S):
1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.
2. ANTONY S/O.MATHEW, AGED 70 YEARS, RESIDING AT PUTHENKARA HOUSE, OPP.K.R.BAKERS, KADAVANTHRA, ELAMKULAM VILLAGE, ERNAKULAM DISTRICT -682 020.
R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1410 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1: THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.1128/2011 OF ERNAKULAM TOWN NORTH POLICE STATION.
ANNEXURE A2: THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1128/2011 OF ERNAKULAM TOWN NORTH POLICE STATION.
ANNEXURE A3: THE TRUE COPY OF THE MEDIATION REPORT DATED 14/12/2016 IN C.C.NO.1094/2015 ON THE FILES OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
-------------------------------Crl.M.C. No.1410 of 2017
Dated this the 9th day of August, 2017
O R D E R
The petitioners are accused in C.C.No.1094/2015 on the
files of the court below. The offence alleged is the offence under Section 498A r/w Section 34 IPC.
the parties and the learned Public Prosecutor that the matter
has been settled between the parties. The second respondent is the father of the deceased Cicily Sini, who has filed affidavit stating that he has no further grievance against the petitioners. The mother of the deceased also filed affidavit stating that she has no further grievance against the petitioners. The above crime was registered on
the reason that Cicily Sini, the wife of the first petitioner committed suicide by hanging during the night of
Crl.M.C. No.1410 of 2017
-: 2 :-
14.06.2011. The police filed final report before the court against the petitioners for the offence under Section 498A r/w Section 34 IPC.
In the result, this Crl.M.C. stands allowed.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
3 issues framed by the court
Whether a compromise in a Section 498A case involving death of the wife warrants quashing of the FIR and final report under Section 482 Cr.P.C.
Whether quashing the proceedings would secure the ends of justice given the settlement between the parties.
Whether the inherent powers of the High Court can be exercised to quash proceedings in a case where the deceased has settled.
2 provisions across 2 enactments
STANLY JOSEPH
MARY JOSEPH
MINI JOSY
THE STATE OF KERALA
ANTONY
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
