Allowed

Nelson.J v. State of Kerala

Kerala HC10 Apr 2018Crl.MC/1979/2018

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Case involves five accused prosecuted under Section 498A IPC for alleged matrimonial cruelty and money misappropriation. The High Court allowed the quashing petition as parties subsequently divorced and resolved all disputes. With the compromise recorded, the court deemed prosecution unnecessary and quashed pending proceedings.

What did the court decide?

Criminal Miscellaneous Case allowed; all further proceedings in C.C.No.306 of 2011 quashed.

Nelson.J Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940

¶5

Crl.MC.No. 1979 of 2018

¶6

AGAINST THE ORDER/JUDGMENT IN CC 306/2011 of J.M.F.C.-II, KOLLAM CRIME NO. 141/2011 OF ERAVIPURAM POLICE STATION , KOLLAM

¶7

PETITIONER(S)/ACCUSED NOS. 1 TO 5:

¶8

1 NELSON.J.,

¶9

S/O. JOHN JACOB, AGED 44 YEARS, ANCHITHA HOUSE, LAKSHMIPURAM THOPPE, MAYYANADU CHERRY, MAYYANADU VILLAGE, KOLLAM DISTRICT.

¶10

2 REENA, D/O. FRANCEENA, AGED 48 YEARS, ANCHITHA HOUSE, LAKSHMIPURAM THOPPE, MAYYANADU CHERRY, MAYYANADU VILLAGE, KOLLAM DISTRICT.

¶11

3 SINDHU,

¶12

D/O. JOHN JACOB, AGED 40 YEARS, ADARSH BHAVAN, VARINJAM CHERRY, MEENADU VILLAGE, KOLLAM DISTRICT.

¶13

4 BINDU,

¶14

D/O. JOHN JACOB, AGED 39 YEARS, ANUJA BHAVANAM, (VAYALIL VEEDU), PAVITHRAM NAGAR, THEKKUMBHAGAM CHERRY, ERAVIPURAM VILLAGE, KOLLAM DISTRICT.

¶15

5 MANJU,

¶16

D/O. JOHN JACOB, AGED 36 YEARS, ANCHITHA HOUSE, LAKSHMIPURAM THOPPE, MAYYANADU VILLAGE, KOLLAM DISTRICT.

¶17

BY ADVS.SRI.K.SIJU

¶18

SMT.S.SEETHA

¶19

RESPONDENT(S)/STATE & DE FACTO COMPLAINANT :

¶20

1. STATE OF KERALA,

¶21

THROUGH THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

¶22

2. JAYA JOSEPH,

¶23

D/O. MAGGI JOSEPH, AGED 39 YEARS, RESIDING AT JAYA COTTAGE, KAKKAKADAVU, AKKOLILCHERRY, MAYYANADU VILLAGE, KOLLAM DISTRICT-691303.

¶24

R2 BY ADV. SRI.A.MUHAMMED RAFFI

¶25

R BY PUBLIC PROSECUTOR:SRI AMJAD ALI

¶26

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-04-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶27

Crl.MC.No. 1979 of 2018 ()

¶28

APPENDIX

¶29

PETITIONER(S)' EXHIBITS

¶30

ANNEXURE 1 THE COPY OF FIR WITH PRIVATE COMPLAINT IN CRIME NO. 141/2011 OF ERAVIPURAM POLICE STATION.

¶31

ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME 141/2011 OF ERAVIPURAM POLICE STATION.

¶32

ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT REGARDING THE COMPROMISE DATED 6.03.2018.

¶33

RESPONDENTS EXHIBITS:NIL

¶34

True Copy / P A to Judge

¶35

SUNIL THOMAS, J.

¶36

=================

¶37

Crl.M.C.No.1979 of 2018

¶38

=================

¶39

Dated this the 10^th day of April, 2018

¶40

ORDER

¶41

Petitioners herein are arrayed as accused in Crime No.141 of 2011 of Eravipuram Police Station, now pending as C.C.No.306 of 2011 of Judicial First Class Magistrate Court-II Kollam, for offences punishable under sections 498A, 323 r/w 34 of the Indian Penal Code.

¶42

The allegation of the second respondent herein, who is the defacto complainant is that, the first petitioner had married her on 15.05.2005 and thereafter, misappropriated her gold ornaments and money. It is also stated that the husband along with the in-laws who are the petitioner Nos.2 to 5 subjected her to extreme matrimonial cruelty. Ultimately, she laid the complaint and crime was registered. It was further contended that, matrimonial disputes were also pending in other courts. Crl.M.C is filed on a premise that pending the proceedings, the couple got divorced and now they are living separately. Since there is no existing matrimonial disputes between the parties, both parties have resolved to give quietus to the criminal proceeding. Accordingly, they have preferred this Crl.M.C.

¶43

C rl.M.C.1979/18

¶44

¶45

Learned Public Prosecutor on instructions, submitted

¶46

that the parties have resolved their dispute and statement of the defacto complainant has been recorded. Learned counsel for the petitioners and learned counsel for the second respondent relied on Annexure-3 affidavit affirmed by the second respondent. It was submitted by the learned counsel that, she has no objection in quashing the proceedings. Evidently, dispute is one arising from a matrimonial dispute. Parties have resolved their dispute. Hence, no purpose will be served by prosecuting the petitioners herein. It is also to be considered that, such matters are liable to the quashed and legal proceedings brought to an end in the interest of justice.

¶47

In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.141 of 2011 of Eravipuram Police Station now pending as C.C.No.306 of 2011 of Judicial First Class Magistrate Court-II Kollam will stand quashed.

¶48

Sd/-

¶49

SUNIL THOMAS Judge

¶50

Sbna/10/4/18

¶51

True Copy / P A to Judge

Nelson.J v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nelson.J v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sudheesh K.S. Vs State of Kerala

R.Baiju Vs State of Kerala

Sudarshanan Vs State of Kerala

Vipindas Vs State of Kerala

Muneeb Vs Sharafudheen

Rajan Vs Sugathakumar