The High Court at Ernakulam, in Crl.MC.No.258/2016, considered a petition from accused in C.C.148/2015 charging them under Section 498A/34 IPC. Finding the matter settled between parties, the Court exercised inherent powers to quash the Final Report and proceedings.
Quashing of the final report and further proceedings against the petitioners in C.C.No.148/2015.
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
FRIDAY, THE 4TH DAY OF AUGUST 2017/13TH SRAVANA, 1939
Crl.MC.No. 258 of 2016 ()
CC 148/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM
PETITIONER(S)/PETITIONER:
1. LIZZY JOSEPH, AGED 60 YEARS, W/O.LATE JOSEPH, ANAKUZHIYIL HOUSE, KANJIRAMATTOM P O, ERNAKULAM DISTRICT
*** ADDITIONAL 2ND PETITIONER IS IMPLEADED AS PER ORDER DATED 12.07.2017 IN CRL.M.A.7505/2017.**
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, (CRIME NO 1448/2014 OF MUKLANTHURUTHY POLICE STATION, ERNAKULAM DISTRICT)
2. JEEN MARY @ JINU W/O.LIJO JOSEPH, THORRUNGATHARA HOUSE, KULAYETTIKKARA P O, KANJIRAMATTOM, ERNAKULAM DISTRICT-682 315.
R2 BY ADV. SRI.ANOOP JOSEPH R2 BY ADV. SRI.K.THAVAMONY R2 BY ADV. SRI.K.R.SUDHEER KUMAR (VENNALA) R2 BY ADV. SMT.K.K.DAJULA R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 258 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE 1:CERTIFIED COPY OF FINAL REPORT IN CC NO 148/2015 ON THE FILE OF JUDICIAL OF FIRST CLASS, PIRAVOM
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
-------------------------------Crl.M.C. No.258 of 2016
Dated this the 4th day of August, 2017
O R D E R
The petitioners are the accused in C.C.No.148/2015 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, who is the defacto complainant, filed affidavit stating that the matter has been settled and hence she has
no further grievance against the petitioners. The above dispute arose out of matrimonial relationship. Therefore, since the matter has been settled, I am inclined to quash
the final report and further proceedings against the petitioners in C.C.No.148/2015 on the files of the court
Crl.M.C. No.258 of 2016
-: 2 :-
below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.
In the result, this Crl.M.C. stands allowed.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
2 issues framed by the court
Whether the final report under Section 498A IPC and subsequent proceedings should be quashed due to settlement between the parties.
Whether inherent powers under Section 482 Cr.P.C. can be exercised to quash charges in a matrimonial dispute upon settlement.
3 provisions across 2 enactments
LIZZY JOSEPH
LIJO JOSEPH
STATE OF KERALA
JEEN MARY
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
