High Court quashed criminal proceedings against petitioners accused of matrimonial cruelty and alleged gold misappropriation under Section 498A IPC, upheld in light of a confirmed settlement between the parties invoked under Section 482 Cr.P.C.
All further proceedings in C.C.No.1714/2017 of Judicial First Class Magistrate Court 1, Thrissur stand quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 21ST DAY OF JUNE 2018 / 31ST JYAISHTA, 1940
Crl.MC.No. 2393 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 1714/2017 of J.M.F.C.-I, THRISSUR CRIME NO. 1282/2016 OF CHERPU POLICE STATION, THRISSUR
PETITIONER(S)/ACCUSED 1-4
1 SHERINE,
S/O. NARENDRAN, AGED 37 YEARS, AYINIKKATTUPARAMBIL HOUSE, P.O PAZHUVIL, KURUMPILAVU VILLAGE, PAZHUVIL DESOM, THRISSUR DISTRICT, PIN 680 564.
W/O. NARENDRAN, AGED 62 YEARS, AYINIKKATTUPARAMBIL HOUSE, P.O PAZHUVIL, KURUMPILAVU VILLAGE, PAZHUVIL DESOM,
THRISSUR DISTRICT, PIN 680 564.
3 REENA,
W/O. SURESH, AGED 43 YEARS, VETTIYATTIL HOUSE, P.O PAZHUVIL, KURUMPILAVU VILLAGE,
PAZHUVIL DESOM, THRISSUR DISTRICT, PIN-680 564.
4 SHINA
D/O. NARENDRAN, AGED 38 YEARS, AYINIKKATTUPARAMBIL HOUSE, P.O PAZHUVIL, KURUMPILAVU VILLAGE, PAZHUVIL DESOM, THRISSUR DISTRICT, PIN-680 564.
BY ADVS.SRI.C.A.CHACKO
SMT.C.M.CHARISMA
RESPONDENT(S)/COMPLAINANT & DEFECATO COMPLAINANT
1. STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2. JINSHA, D/O. SATHEENDRAN, AGED 29 YEARS, MADAPPAT HOUSE, MANATHALA P.O, CHAVAKKAD, THRISSUR DISTRICT, PIN-680 506.
R2 BY ADV. SRI.SEBY JOSEPH
R1 BY PUBLIC PROSECUTOR SRI.T.R.RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2393 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
| ANNEXURE A1 CERTIFIED | COPY | OF FIR IN CRIME NO. 1282/2016 OF |
|---|---|---|
| CHERPU POL | ICE | STATION WITH FIS |
| ANNEXURE A2 CERTIFIED | COPY | OF FINAL REPORT IN CRIME NO. |
| 1282/2016 | OF C | HERPU POLICE STATION |
| ANNEXURE A3 AFFIDAVIT | DATE | D 28/3/2018 OF 2ND RESPONDENT |
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
Pn 23/06
SUNIL THOMAS, J.
Crl. M. C. No. 2393 of 2018
Dated this the 21st day of June, 2018
O R D E R
Petitioners are accused in Crime No.1282/2016 of Cherpu Police Station for offence punishable under Section 498A of IPC. The allegation of the 2nd respondent de facto complainant was that she was subjected to matrimonial cruelty by the petitioners ever since her marriage with the 1st petitioner on 18.08.2008. Petitioners 2 to 4 are her in -laws. There was a further allegation that they misappropriated her gold ornaments. After investigation final report was filed and the matter is now pending as C.C.No.1714/2017 of Judicial First Class Magistrate Court 1, Thrissur.
Crl. M. C. No. 2393 of 2018
2
facto complainant has been recorded wherein she has asserted the settlement.
Accordingly, Crl.M.C. is allowed. All further proceedings in C.C.No.1714/2017 of Judicial First Class Magistrate Court 1, Thrissur stand quashed.
Sd/-
SUNIL THOMAS, JUDGE.
Pn 23/06
2 issues framed by the court
Whether criminal proceedings under Section 498A IPC should be quashed given the settlement between parties.
Whether the High Court can invoke jurisdiction under Section 482 Cr.P.C. to quash matrimonial cruelty proceedings.
2 provisions across 2 enactments
SHERINE
RADHAMANI
REENA
SHINA
STATE OF KERALA
JINSHA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
