Petitioner accused in matrimonial offences sought quashing of proceedings. Court found matter settled between parties and quashed final report and further proceedings under Section 482 Cr.P.C. to secure ends of justice.
Quashed the final report filed by the First Respondent and further proceedings against the petitioner in C.C. No. 170/2017.
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. 5415 of 2017 ()
CC 170/2017 of J.M.F.C., NILAMBUR
CRIME NO. 242/2014 OF POTHUKAL POLICE STATION, MALAPPURAM
PETITIONER(S)/1ST ACCUSED:
BASHEER
S/O.KUNHIMUHAMMED (LATE), VAZHAKUNDAN HOUSE, KONNAMANNA PALLIKUTH PO, MALAPPURAM DISTRICT.
BY ADV. SRI.P.VENUGOPAL (1086/92)
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2. CHERALIL RAMLATH
R2 BY ADV. SMT.T.J.MARIA GORETTI
R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH
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. 5415 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A : TRUE COPY OF THE FIR REGISTERED BY THE FIRST RESPONDENT IN CRIME NO.242/2014 OF POTHUKAL POLICE STATION.
ANNEXURE B : TRUE COPY OF THE FINAL REPORT FILED BY THE FIRST RESPONDENT IN CRIME NO.242/2014 OF POTHUKAL POLICE STATION.
ANNEXURE C : TRUE COPY OF THE JUDGMENT DATED 28-3-2017 PASSED BY THE JFCM COURT, NILAMBUR IN CC NO.1031/2014
ANNEXURE D : AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT DATED 10-7-2017.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
-------------------------------Crl.M.C. No.5415 of 2017
Dated this the 9th day of August, 2017
O R D E R
The petitioner is the accused in C.C.No.170/2017 on
the files of the court below. The offences alleged are the offences under Sections 498A, 406 and 323 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 petitioner.
relationship. Therefore, since the matter has been settled, I am of the view that quashing the said offences would secure
Crl.M.C. No.5415 of 2017
-: 2 :-
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.170/2017 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.
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 and further proceedings in matrimonial offences should be quashed given the settlement between parties.
Whether quashing offences under Section 482 Cr.P.C. secures the ends of justice in a settled domestic dispute.
2 provisions across 2 enactments
BASHEER
STATE OF KERALA
CHERALIL RAMLATH
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
