The High Court, in a criminal miscellaneous application, exercised inherent powers to quash the final report and further proceedings against an accused in a Section 498A IPC case, noting the dispute had been settled and parties were residing together.
Quashment of the final report and further proceedings against the petitioner in C.C.No.1665 of 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
THURSDAY, THE 17TH DAY OF AUGUST 2017/26TH SRAVANA, 1939
Crl.MC.No. 5493 of 2017 ()
CC 1665/2015 of ADDL.C.J.M.(E&O),ERNAKULAM CRIME NO. 959/2012 OF ERNAKULAM NORTH POLICE STATION , ERNAKULAM
PETITIONER(S)/ACCUSED:
VIJAYAKUMAR, AGED 36 YEARS S/O.PURUSHOTHAMAN PANATTUTHIUNDIYIL HOUSE CHERANELLOOR VILLAGE KANAYANNUR TALUK ERNAKULAM DISTRICT
BY ADV. SRI.P.MOHAMED SABAH
RESPONDENTS/STATE & DE-FACTO COMPLAINANT :
R2 BY ADV. SRI.SADIK ISMAYIL R1 BY PUBLIC PROSECUTOR, SRI E C BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-082017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5493 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 CERTIFIED COPY OF THE F.I.R DATED 27.5.2017 IN CRIME NO.959/2012
ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM
ANNEXURE A3 ORIGINAL OF THE AFFIDAVIT DATED 10.3.2017 SWORN BY THE 2ND RESPONDENT
RESPONDENT(S)' EXHIBITS : NIL
// True Copy //
PA to Judge
B.SUDHEENDRA KUMAR, J.
Crl.M.C No.5493 of 2017
O R D E R
The petitioner is the accused in C.C.No.1665 of 2015 on the files of the court below. The offence alleged is the offence punishable under Section 498A I.P.C.
Crl.M.C.5493/2017
-: 2 :-
presently, she is residing with the petitioner, as husband and wife under one roof happily. The above dispute arose out of matrimonial relationship. Since the matter has been settled between the parties and the parties are residing together, I am inclined to quash the final report and further proceedings against the petitioner in C.C.No.1665 of 2015 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
dl/17.8..2017
2 issues framed by the court
Whether the final report and further proceedings under Section 498A IPC should be quashed given the settlement and cohabitation of parties.
Whether the inherent powers under Section 482 Cr.P.C. are exercisable to meet ends of justice in this matrimonial dispute.
2 provisions across 2 enactments
Vijayakumar
State of Kerala
Saritha Vijayakumar
B.Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
