The High Court of Kerala, exercising inherent powers under Section 482 Cr.P.C., quashed the final report and all further proceedings against the petitioners in a case alleging Section 498A IPC offence, noting that the matrimonial dispute had been settled by the parties.
Quashed the final report and further proceedings in C.C. No. 1151/2012.
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
TUESDAY, THE 22ND DAY OF AUGUST 2017/31ST SRAVANA, 1939
Crl.MC.No. 5520 of 2017 ()
CC 1151/2012 of J.M.F.C.-I, ATTINGAL
CRIME NO. 885/2012 OF ATTINGAL POLICE STATION, THIRUVANANDAPURAM
PETITIONER(S):
1. BAIJU AGED 40 YEARS, S/O. VIJAYAN, MELPUTHENVEEDU, PARAYATHUKONAM,
KIZHUVILAM P.O, MAMAM, ATTINGAL, THIRUVANANTHAPURAM.
2. RADHA,
W/O. VIJAYAN, MELPUTHENVEEDU, PARAYATHUKONAM, KIZHUVILAM P.O, MAMAM, ATTINGAL, THIRUVANANTHAPURAM.
3. VINEETHA, W/O. VIKAS, MELPUTHENVEEDU, PARAYATHUKONAM, KIZHUVILAM P.O, MAMAM, ATTINGAL, THIRUVANANTHAPURAM.
4. POORNIMA, D/O. PONNAMMA, MELPUTHENVEEDU, PARAYATHUKONAM, KIZHUVILAM P.O, MAMAM, ATTINGAL, THIRUVANANTHAPURAM.
BY ADV. SRI.K.S.SUMEESH
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SYAMA, D/O. SUBHADRA, AGED 30 YEARS, CHIRAKONATHU VEEDU, MURUKKUMMPUZHA P.O, VEILOOR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM - 695 004.
R2 BY ADV. SRI.M.VIVEK
R1 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22-08-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5520 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A CERTIFIED COPY OF THE FIR DATED 11.06.2012.
ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE 2ND RESPONDENT DATED 30.09.2012.
ANNEXURE C TRUE PHOTOCOPY OF THE ORDER DATED 31.03.2014 OF THE FAMILY COURT, ATTINGAL.
ANNEXURE D TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
--------------------------------
Crl.M.C. No.5520 of 2017
Dated this the 22nd day of August, 2017
O R D E R
The petitioners are accused in C.C.No.1151/2012 on the
files of the court below. The offence alleged is the offence under Section 498A r/w Section 34 IPC.
the parties and the learned Public Prosecutor that the matter
has been settled. 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 petitioners.
Crl.M.C. No.5520 of 2017
-: 2 :-
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//
3 issues framed by the court
Whether the criminal proceedings under Section 498A IPC should be quashed given that the matter has been settled by the parties.
Whether the inherent powers under Section 482 Cr.P.C. can be exercised to quash the final report and further proceedings due to settlement.
Whether the petition challenging the proceedings stands allowed based on the settlement of the dispute.
1 provisions across 1 enactments
BAIJU
RADHA
VINEETHA
POORNIMA
STATE OF KERALA
SYAMA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
