The court allowed a quashing petition and ordered the quashing of criminal proceedings against the accused. The decision relied on affidavits indicating settlement and the subsequent grant of a divorce order by the Family Court based on that settlement.
Criminal proceedings in CC.No.3533/2014 arising from Crime No.1164/2014 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
THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940
Crl.MC.No. 1916 of 2018
PENDING AS CC 3533/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR
CRIME NO. 1164/2014 OF VIYYUR POLICE STATION , TRISSUR
PETITIONER(S)/ACCUSED
HAREESH PANDIYATH, S/O. KRISHNAN NAMBEESAN, KRISHNAMRITHAM, PANDIYATH HOUSE, KUTTUMUKU, RAMAVARMAPURAM, THRISSUR DISTRICT.
BY ADV.SRI.M.PREMCHAND
RESPONDENT(S)/COMPLAINANT AND STATE:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.
2. KEERTHY UNNIKRISHNAN,
R2 BY ADV. SMT.K.ANITHA JOHN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1916 of 2018
APPENDIX
PETITIONER(S) EXHIBITS:
ANNEXURE-A- TRUE COPY OF THE FIR IN CRIME NO.1164/2014 OF VIYYUR POLICE STATION.
ANNEXURE-B- TRUE COPY OF THE FINAL REPORT SUBMITTED BY VIYYUR POLICE BEFORE THE JFCM COURT, NO. 1, THIRSSUR.
ANNEXURE-C- AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL
R.AV
//TRUE COPY//
PA TO JUDGE
SUNIL THOMAS, J
Crl.M.C.No.1916 of 2018
Dated this the 5th day of July, 2018
O R D E R
The petitioner herein stands arrayed as the sole accused in Crime No.1164/2014 of Viyyur Police Station for offences punishable under sections 406, 498(A) read with section 34 of the Indian Penal Code.
The matter is now pending as CC.No.3533/2014 on the files of the Judicial First Class Magistrate Court-I, Thrissur.
the petitioner herein harassed the defacto complainant physically and mentally demanding dowry. Complaint was laid by her and after investigation, final report was laid. The petitioner herein has approached this court contending that the disputes between the parries have been amicably settled and they have no further surviving grievance. The petitioner herein relied on Annexure-C affidavit, affirmed by the defacto
Crl.M.C.No.1916 of 2018
2
complainant, wherein she has stated that she has no objection in quashing the proceedings. The learned counsel for the petitioner and the learned counsel for the second respondent acknowledged the due execution of Annexure-C affidavit.
Crl.M.C is accordingly allowed. All further proceedings in CC.No.3533/2014 on the files of the Judicial First Class Magistrate Court-I, Thrissur, arising from Crime No.1164/2014 of Viyyur Police Station as
Crl.M.C.No.1916 of 2018
3
against the petitioner herein stands quashed.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
//True Copy//
PA to Judge
2 issues framed by the court
Whether criminal proceedings initiated under dowry and cruelty allegations can be quashed upon evidence of a divorce granted due to settlement.
Whether the Family Court order of divorce based on settlement is sufficient basis to quash criminal proceedings under Section 482 Cr.P.C.
2 provisions across 2 enactments
Harish Pandiyath
State of Kerala
Keerthi Unnikrishnan
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
