The High Court of Kerala allowed a criminal miscellaneous petition to quash the final report and further proceedings in a criminal case arising out of matrimonial disputes involving sections 341, 323, and 324 IPC, relying on the settlement and joint residence of the parties.
Quashing of the final report and further proceedings in C.C. No. 11 of 2016.
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 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939
Crl.MC.No. 5310 of 2017 ()
CC 11/2016 of J.M.F.C.-I,KOCHI CRIME NO. 882/2015 OF KANNAMALI POLICE STATION, ERNAKULAM
PETITIONER(S)/ACCUSED:
SHINE SIVAN, S/O.SIVAN,AGED 37 YEARS,RESIDING AT PUTHENPURAKKAL HOUSE, NEAR GOVT.H.S.S,PUTHENTHODU KANDAKKADAVU, KUMBALANGI VILLAGE, ERNAKULAM DISTRICT.
BY ADVS.SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
THROUGH THE STATION HOUSE OFFICER,KANNAMALY POLICE STATION,ERNAKULAM DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,PIN-682031.
R2 BY ADV. SMT.G.SANGEETHA
BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5310 of 2017 () ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.882/2015 OF KANNAMALY POLICE STATION
ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.882/2015 OF KANNAMALY POLICE STATION
ANNEXURE A3 THE AFFIDAVIT DATED 27/7/2017 SWORN IN BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS -----------------------
/TRUE COPY/
P.S. TO JUDGE
B. SUDHEENDRA KUMAR, J.
Crl.M.C. No. 5310 of 2017
Dated this the 16th day of August, 2017
ORDER
The petitioner is the accused in C.C. No. 11 of 2016 on the files of the court below. The offences alleged are offences under Sections 341, 323 and 324 IPC.
the parties and the learned Public Prosecutor that the matter has been settled between the parties. The 2nd respondent, who is the de facto complainant, filed affidavit stating that the matter has been settled and hence, she has no objection in quashing the final report and further proceedings against the petitioners in the above case. The petitioner is the husband of the 2nd respondent. It is stated in the affidavit that the 2nd respondent is
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Crl.M.C. No. 5310 of 2017
presently residing with the petitioner. The above dispute arose out of matrimonial relationship. Therefore, since the matter has been settled between the parties and the parties are residing together, I am of the view that quashing the said offences would secure the ends of justice. For the said reason, I am inclined to quash the final report and further proceedings against the petitioner in C.C. No. 11 of 2016 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.
In the result, this Crl. M.C stands allowed.
SD/-B. SUDHEENDRA KUMAR, JUDGE .
ani/
2 issues framed by the court
Whether the offences under Sections 341, 323 and 324 IPC arising out of a matrimonial dispute should be quashed upon settlement.
Whether the settlement affidavit filed by the wife negates the need for further criminal proceedings.
1 provisions across 1 enactments
The State of Kerala
Shiji
B. Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
