The High Court of Kerala allowed the petitioner to quash criminal proceedings under Section 498A IPC instituted against him for alleged matrimonial cruelty, noting that the parties had since resolved their disputes and resumed their relationship.
The Criminal Misc. Case No. 1900 of 2018 was allowed and all further proceedings in C.C. No. 2712/2016 were 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 APRIL 2018 / 16TH CHAITHRA, 1940
Crl.MC.No. 1900 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 2712/2016 of J.M.F.C., KATAKKADA CRIME NO. 632/2016 OF VILAPPILSSALA POLICE STATION, THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED
SANOFER A.J., S/O.ABDUL SALAM, AGED 40, RAJEEVAM, DOOR NO.262, B.P.NAGAR, PEYADU P.O., VILAPPIL, THIRUVNANTHAPURAM.
BY ADV.SRI.LIJU. M.P
RESPONDENT(S)/DEFACTO COMPLAINANT & STATE:
1. SAJEENA BEEVI. N, W/O.SANOFAR, AGED 37, RAJEEVAM, DOOR NO.262, B.P.NAGAR, PEYADU P.O., VILAPPIL, THIRUVNANTHAPURAM - 695 018
2. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM - 695 018 REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031
R1 BY ADV. SRI.VINOD KUMAR.C R2 BY SR.PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1900 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.632/2016 OF VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM. ANNEXURE B ORIGINAL OF THE AFFIDAVIT DATED 14.03.2018 EXECUTED BY THE 1ST RESPONDENT/DEFACTO COMPLAINANT.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
Crl. M. C. No. 1900 of 2018
Dated this the 6th day of April, 2018
O R D E R
The petitioner married the 1st respondent and they were living together as husband and wife. While so, disputes arose among them, due to matrimonial discord. Alleging matrimonial cruelty, the 1st respondent laid the FIS, pursuant to which Crime No.632/2016 was registered by the Vilappilsala Police for offence punishable under Section 498A IPC. After investigation, final report was filed and cognizance was taken by the Judicial First Class Magistrate, Katakkada as C.C. No.2712/2016.
Crl. M. C. No. 1900 of 2018
2
Accordingly, Crl.M.C. is allowed. All further proceedings in C.C.No.2712/2016 of Judicial First Class Magistrate Court, Katakkada stand quashed.
SUNIL THOMAS, JUDGE.
Pn
2 issues framed by the court
Whether criminal proceedings under Section 498A IPC arising from matrimonial discord can be quashed given settlement between parties.
Whether invoking jurisdiction under Section 482 Cr.P.C. is appropriate to meet the ends of justice in a settled domestic dispute.
2 provisions across 2 enactments
SANOFER A.J.
SAJEENA BEEVI. N
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
