High Court of Kerala allowed a criminal miscellaneous petition to quash criminal proceedings against four accused. The dispute was matrimonial, amicably settled, with the parties united and the victim expressing intent not to pursue the case.
Crl.M.C. No. 1914 of 2018 allowed; proceedings in C.C.No.3056/2015 before the court below 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. 1914 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 3056/2015 of TEMPORARY JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA
CRIME NO. 2397/2015 OF CHAVARA POLICE STATION, KOLLAM
PETITIONER(S)/ACCUSED
2 ANITHA, AGED 54, W/O. VIJAYAN, EDAYILA VEEDU, KARAMCODE P.O., ULIYANAD, CHATHANOOR, KOLLAM.
3 VIJAYAN, AGED 58, S/O.NADESAN, EDAYILA VEEDU, KARAMCODE P.O., ULIYANAD, CHATHANOOR, KOLLAM.
4 SREEKUMAR, AGED 50, S/O. NADESAN, THIRUVONAM VEEDU, KARAMCODE P.O., ULIYANAD, CHATHANOOR, KOLLAM.
BY ADV.SRI.SAJU J PANICKER
RESPONDENT(S)/STATE/DE-FACTO COMPLAINANT:
1. STATE OF KERALA,
2. SREELAKSHMI, AGED 25,
R2 BY ADV. SRI.JOSE ANTONY R1 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. 1914 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE -A1 THE TRUE COPY OF THE F.I.R IN CRIME NO.2397 OF 2015 OF THE CHAVARA POLICE STATION. ANNEXURE A2: THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.2397/2015 OF CHAVARA POLICE STATION.
ANNEXURE -A3: THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn
SUNIL THOMAS, J.
Crl. M. C. No. 1914 of 2018
Dated this the 6th day of April, 2018
O R D E R
The petitioners are indicted as accused in Crime No.2397/2015 of Chavara Police Station, Kollam for offences punishable under Sections 498A, 323, 294(b) and 34 IPC. The 1st petitioner and the 2nd respondent are the husband and wife. A private complaint was laid by the 2nd respondent alleging that after the marriage of the 1st petitioner with her, on 01.12.2013, she was subjected to matrimonial cruelty demanding more dowry than given at the time of marriage. Private complaint was referred to the Police and crime was registered. After investigation, charge sheet was laid. Cognizance was taken and the case is pending as C.C.No.3056/2015 before the Temporary Judicial First Class Magistrate Court, Chavara. Annexure A2 is the final report.
Crl. M. C. No. 1914 of 2018
2
to meet the ends of justice, jurisdiction under Section 482 Cr.P.C. may be invoked to quash the criminal proceedings.
counsel for the 2nd respondent submitted that the 2nd respondent has executed Annexure A3 affidavit supporting the settlement.
Accordingly, Crl.M.C. is allowed. All further proceedings in C.C.No.3056/2015 before the Temporary Judicial First Class Magistrate Court, Chavara stand quashed.
SUNIL THOMAS, JUDGE.
Pn
1 issue framed by the court
Whether criminal proceedings initiated under Sections 498A, 323, 294(b) and 34 IPC for matrimonial cruelty can be quashed to meet the ends of justice.
1 provisions across 1 enactments
VIJESH
ANITHA
STATE OF KERALA
VIJAYAN
SREEKUMAR
SREELAKSHMI
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
