Quashed

Prajith.M.R v. State of Kerala

Kerala HC11 Aug 2017Crl.MC/5207/2017

Case brief

AI extract

What is this about?

, the petitioner accused in a divorce-related case involving Sections 498A IPC. The court settled between the parties and the complainant is continuing the marriage. The court exercised inherent powers under Section 482 CrPC to quash the final report and further proceedings in the interests of justice.

What did the court decide?

Quashed the final report and further proceedings against the petitioners in C.C.No.855/2017.

Prajith.M.R Vs State of Kerala — Writ and Judicial Review | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶4

FRIDAY, THE 11TH DAY OF AUGUST 2017/20TH SRAVANA, 1939

¶5

Crl.MC.No. 5207 of 2017 ()

¶6

CC 855/2017 of J.M.F.C.-II, THRISSUR CRIME NO. 2242/2016 OF ANTHIKAD POLICE STATION, TRISSUR

¶7

PETITIONER(S)/ACCUSED:

¶8

1. PRAJITH.M.R

¶9

S/O RAMAKRISHNAN, AGED 38 YEARS, MENOTHUPARAMBIL HOUSE, ANTHIKAD VILLAGE, THRISSUR - 680641.

¶10

2. RAMAKRISHNAN S/O VELAPAN, AGED 72 YEARS, MENOTHUPARAMBIL HOUSE, ANTHIKAD VILLAGE, THRISSUR-680641.

¶11

3. PRAVATHA W/O RAMAKRISHNAN, AGED 61 YEARS, MENOTHUPARAMBIL HOUSE, ANTHIKAD VILLAGE, THRISSUR-680641.

¶12

4. PRASEEDA W/O KRISHKUMAR, AGED 41 YEARS, PALLIYIL HOUSE, PADIYAM VILLAGE, PADIYAM, THRISSUR-680641.

¶13

BY ADV. SRI.TONY THOMAS (INCHIPARAMBIL)

¶14

RESPONDENT(S)/DE FACTO COMPLAINANT:

¶15

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

¶16

2. THE SUB INSPECTOR OF POLICE ANTHIKAD POLICE STATION, THRISSUR.

¶17

3. NIYA W/O PRAJITH, AGED 30 YEARS, MENOTHUPARAMBIL HOUSE, ANTHIKAD VILLAGE, THRISSUR, - 680641.

¶18

R3 BY ADV. SRI.P.THOMAS GEEVERGHESE R1 & 2 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

Crl.MC.No. 5207 of 2017 ()

¶21

APPENDIX

¶22

PETITIONER(S)' EXHIBITS

¶23

ANNEXURE A-1 A TRUE COPY OF THE FIRST INFORMATION RPORT DATED ON/17/12/2016

¶24

ANNEXURE A-11 TRUE COPY OF THE FINAL REPORT DATED 3/3/2017 ANNEXURE A-111 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT/DE FACTO COMPLAINANT

¶25

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

¶30

-------------------------------Crl.M.C. No.5207 of 2017

¶31

Dated this the 11^th day of August, 2017

¶32

O R D E R

¶33

The petitioners are accused in C.C.No.855/2017 on the

¶34

files of the court below. The offences alleged are the offences under Sections 406 and 498A r/w Section 34 IPC.

¶35

Heard.

¶36

It has been submitted by the learned counsel for

¶37

the parties and the learned Public Prosecutor that the matter has been settled between the parties and presently, the third respondent, who is the defacto complainant, is residing with the first petitioner as husband and wife under one roof. The third respondent filed affidavit stating that the matter has been settled and presently she is residing with the first petitioner as husband and wife under one roof.

¶38

The above dispute arose out of matrimonial

¶39

Crl.M.C. No.5207 of 2017

¶40

-: 2 :-

¶41

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.855/2017 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to meet the ends of justice and accordingly, I order so.

¶42

In the result, this Crl.M.C. stands allowed.

¶43

Sd/-

¶44

B. SUDHEENDRA KUMAR, JUDGE

¶45

STK

¶46

//TRUE COPY//

¶47

//P.A. TO JUDGE//

Prajith.M.R v. State of Kerala

Case brief

What is this about?

What did the court decide?

Prajith.M.R v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Afsath Vs State of Kerala

Ratheesh Vs State of Kerala

Jiju Vs Lima.B

Krishnankutty Vs Bhavani

Balan Vs State of Kerala

Saiby Antony Vs State of Kerala