High Court quashed criminal proceedings against petitioners accused of dowry harassment and related offences under IPC. The court invoked inherent powers pursuant to Section 482 Cr.P.C. as the parties settled the matrimonial dispute out of court.
Criminal M.C. allowed; all further proceedings in C.C. No.1100/2017 quashed.
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 SUNIL THOMAS
FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940
Crl.MC.No. 1160 of 2018
CRIME NO. 890/2012 OF NEMOM POLICE STATION , THIRUVANANDAPURAM C.C. NO.1100/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT 1, NEYYATTINKARA, THIRUVANANTHAPURAM
PETITIONER(S)/ACCUSED 1-6
1 UNNIKRISHNAN NAIR, AGED 89 YEARS, S/O. GOPALAKRISHNAN, EDAVAZHY, GURUKULAM VEEDU, MAKKADU, PONNUMANGALAM, NEMOM.
2 ANANDAVALLY AMMA AGED 73 YEARS, W/O. GOPALAKRISHNAN NAIR, EDAVAZHY, GURUKULAM VEEDU, MAKKADU, PONNUMANGALAM, NEMOM.
4 ANITHA @ THARA AGED 43 YEARS, D/O. ANANDAVALLY AMMA, EDAVAZHY, GURUKULAM VEEDU, MAKKADU, PONNUMANGALAM, NEMOM.
5 ANIL KUMAR
AGED 46 YEARS, S/O. GOPALAKRISHNAN NAIR, EDAVAZHY, GURUKULAM VEEDU, MAKKADU, PONNUMANGALAM, NEMOM.
6 VIKRAMAN NAIR
AGED 62 YEARS, S/O. BHASKARAN NAIR, VISHNU BHAVAN, T.C.54/2262, PAPPANAMCODE, NEMOM VILLAGE.
BY ADV.SRI.K.NIRMALAN
RESPONDENT(S)
1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, NEMOM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. RAJANI AGED 32 YEARS, D/O. SUDHADEVI, POOVANAMKUZHY PUTHENVEEDU, KULANAGARAKONAM, NEMOM, MACHEL P.O, NEMOM - 695 020.
R2 BY ADV. SRI.V.JAYADHAR R1 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1160 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN C.C NO.1100 OF 2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEYYATTINKARA, THIRUVANANTHAPURAM.
ANNEXURE II AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn 06/07
SUNIL THOMAS, J.
Crl. M. C. No. 1160 of 2018
Dated this the 6th day of July, 2018
O R D E R
Petitioners stand arrayed as accused in C.C. No.1100/2017 of Judicial First Class Magistrate Court 1, Neyyattinkara, Thiruvananthapuram for offences punishable under Sections 143, 149, 498(A) & 354 IPC. The allegation of the de facto complainant, who is the 2nd respondent is that petitioners, who are the husband and the in-laws subjected her to torture by demanding dowry. Pursuant to the crime registered as Crime No.890/2012 by the Nemom Police, investigation was conducted and final report was filed.
Crl. M. C. No. 1160 of 2018
2
been settled, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. to quash the entire proceedings.
Accordingly, Crl.M.C. is allowed. All further proceedings in C.C. No.1100/2017 of Judicial First Class Magistrate Court 1, Neyyattinkara, Thiruvananthapuram stand quashed.
SUNIL THOMAS, JUDGE.
Pn 06/07
2 issues framed by the court
Whether the criminal proceedings under Sections 143, 149, 498(A) and 354 IPC can be quashed in view of the parties settling the dispute out of court?
Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash the entire proceedings?
2 provisions across 2 enactments
UNNIKRISHNAN NAIR
ANANDAVALLY AMMA
GOPALAKRISHNAN NAIR
ANITHA @ THARA
ANIL KUMAR
VIKRAMAN NAIR
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
