Allowed

Ullas.B v. State of Kerala

Kerala HC18 Aug 2017Crl.MC/5516/2017

Case brief

AI extract

What is this about?

This Court allowed a criminal miscellaneous petition wherein the accused, facing charges under Section 498A IPC and others in a matrimonial dispute, sought quashing of proceedings. Relying on a settlement affidavit, the Court exercised inherent powers under Section 482 CrPC to quash the final report and further investigations.

What did the court decide?

Quashing of final report and further proceedings in C.C. No. 332 of 2014 against petitioners.

Ullas.B Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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FRIDAY, THE 18TH DAY OF AUGUST 2017/27TH SRAVANA, 1939

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Crl.MC.No. 5516 of 2017 ()

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AGAINST THE ORDER/JUDGMENT IN CC 332/2014 OF CHIEF JUDICIAL MAGISTRATE'S COURT,KOLLAM

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CRIME NO.1081/2014 OF KOLLAM EAST POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED:

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1. ULLAS.B

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S/O. BASHEER KUTTY, AGED 39 YEARS, RESIDING AT DARUSSSALAM, VADAKKEVILA P.O, KOLLAM, NOW RESIDING AT SHARON MANZIL, ULLOORKONAM, KAZHAKKOOTTAM VILLAGE, THIRUVANANTHAPURAM.

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2. BASHEER KUTTY,

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S/O.ABDUL KHADER, AGED 70 YEARS, RESIDING AT DARUSSSALAM, VADAKKEVILA P.O, KOLLAM, NOW RESIDING AT SHARON MANZIL, ULLOORKONAM, KAZHAKKOOTTAM VILLAGE, THIRUVANANTHAPURAM.

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3. JALEELA BEEVI,

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W/O. BASHEER KUTTY, AGED 63 YEARS, RESIDING AT DARUSSSALAM, VADAKKEVILA P.O, KOLLAM, NOW RESIDING AT SHARON MANZIL, ULLOORKONAM, KAZHAKKOOTTAM VILLAGE, THIRUVANANTHAPURAM.

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4. USHAS,

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W/O. ARAFATH, AGED 35 YEARS, RESIDING AT GRAC - 154,GANDHIPURAM - CHERUVALLI LANE 2 SREEKARYAM DESOM,

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PANGAPPARA VILLAGE,THIRUVANANTHAPURAM.

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5. MH ARAFATH,

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S/O. MUHAMMED HIDAYATHULLA, AGED 41 YEARS, RESIDING AT GRAC - 154,GANDHIPURAM - CHERUVALLI LANE 2 SREEKARYAM DESOM,

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PANGAPPARA VILLAGE,THIRUVANANTHAPURAM.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE & COMPLAINANT & VICTIM:

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1. STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2. SUB INSPECTOR OF POLICE, KAZHAKUTTOM POLICE STATION, THIRUVANANTHAPURAM - 695 001.

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Crl.M.C. No.5516 of 2017

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3. NIJI K BABU, D/O. AYISHA BEEVI, AGED 35 YEARS, RESIDING AT NIMIN NIVAS, ILAMANOOR P O, ADOOR, PATHANAMTHITTA, NOW RESIDING AT DARUSALLAM, VEPPINMUKKU, NEDUMPANA PO, KANNANALLOOR,

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KOLLAM - 691 001.

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R3 BY ADV. SRI.R.ARUN BY PUBLIC PROSECUTOR SMT M.K. PUSHPALATHA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 5516 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS ----------------------ANNEXURE A1 COPY OF THE FIR IN CRIME NO. 1081/2014 OF KOLLAM EAST POLICE STATION. ANNEXURE A2 COPY OF THE FINAL REPORT IN CRIME NO.1081/2014 OF KOLLAM EAST POLICE STATION. ANNEXURE A3 COPY OF THE SETTLEMENT. ANNEXURE A4 COPY OF THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL -----------------------

/TRUE COPY/

P.A. TO JUDGE

SKV

B.SUDHEENDRA KUMAR, J.

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===========================

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Crl.M.C. No.5516 of 2017

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==============================

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Dated this the 18^th day of August, 2017

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JUDGMENT

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The petitioners are accused in C.C. No.332 of 2014 on the files of the court below. The offences alleged are punishable under Sections 498A, 294(b), 323 and 506(ii) read with Section 34 of the Indian Penal Code.

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Heard.

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It has been submitted by the learned counsel for the

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parties and the learned Public Prosecutor that the matter has been settled. The third respondent, who is the defacto complainant, filed affidavit stating that the matter has been settled and hence, she has no objection in quashing the proceedings against the petitioners. The above dispute arose out of matrimonial relationship. Therefore, since the matter has

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Crl.M.C.No.5516 of 2017 2

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been settled, I am inclined to quash the final report and further proceedings against the petitioners in C.C. No.332 of 2014 on the files of the court below in exercise of the inherent power under Section 482 of the Code of Criminal Procedure to meet

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the ends of justice and accordingly, I order so.

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In the result, this Criminal Miscellaneous Case stands allowed.

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Sd/- B. SUDHEENDRA KUMAR, JUDGE

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SKV

Ullas.B v. State of Kerala

Case brief

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Ullas.B v. State of Kerala

Case brief

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