Allowed

Madhu v. Vs State of Kerala

Kerala HC10 Jul 2018Crl.MC/2419/2018

Case brief

AI extract

What is this about?

The Court allowed a Criminal Miscellaneous Petition to quash criminal proceedings arising from a complaint of matrimonial cruelty under Section 498A IPC. The High Court invoked jurisdiction under Section 482 Cr.P.C. based on the settlement affirmed by the parties while other legal proceedings continued.

What did the court decide?

The criminal proceedings arising from Crime No.1180 of 2014 (now Crime No.11 of 2015) before the Judicial First Class Magistrate Court will stand quashed.

Madhu v. 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 JULY 2018 / 19TH ASHADHA, 1940

¶5

Crl.MC.No. 2419 of 2018

¶6

CRIME NO. 11/2015 OF ENATH POLICE STATION , PATHANAMTITTA

¶7

PETITIONER(S)/ACCUSED:

¶8

MADHU V. S/O.VIJAYAKUMAR, AGED 30 YEARS, UZHAS WARRIAM, ENATHU P.O., ENATHU MURI, ENATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA

¶9

BY ADV.SRI.R.JAYAKRISHNAN (MUTHUKULAM)

¶10

RESPONDENT(S)/COMPLAINANT:

¶11

1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶12

2. REMYA J

¶13

D/O.M.SURENDRA NATHA WARRIER,

¶14

SIVAKRIPA, HOUSE NO.91,

¶15

KAIRALI NAGAR, ERUMATHALA P.O.,

¶16

CHOONDY, ALUVA, ERNAKULAM 683 101.

¶17

R2 BY ADV. SRI.P.RAHUL

¶18

R BY PUBLIC PROSECUTOR:SRI T R RENJITH

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

Crl.MC.No. 2419 of 2018 ()

¶21

APPENDIX

¶22

PETITIONER(S)' EXHIBITS

¶23

ANNEXURE 1 TRUE COPY OF FINAL REPORT IN CC.1182/2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE, ADOOR, PATHANAMTHITTA DISTRICT.

¶24

ANNEXURE 2 TRUE COPY OF THE AFFIDAVIT DATED 4/4/18 SWORN BYTHE 2ND RESPONDENT WIFE

¶25

RESPONDENTS EXHIBITS:NIL

¶26

True Copy / P A to Judge

¶27

SUNIL THOMAS, J.

¶28

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

¶29

Crl.M.C.No.2419 of 2018

¶30

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

¶31

Dated this the 10^th day of July, 2018

¶32

ORDER

¶33

Petitioner is the accused in Crime No.1180 of 2014 of Kidangoor Police Station for offence punishable under section 498A and 34 of the Indian Penal Code.

¶34

Complaint was laid by the second respondent/wife alleging that, she was subjected to matrimonial cruelty by the petitioner. Crime was registered and after investigation, final report was laid. The matter is now pending trial.

¶35

In the meanwhile, parties are stated to have resolved their dispute. Accordingly, an affidavit affirmed by the defacto complainant affirming the settlement is produced as Annexure-2. Learned counsel for the petitioner and learned counsel for the respondent submitted that, they have no objection in quashing the proceedings. Learned Public Prosecutor also submitted that the parties have resolved their dispute and proceedings for legal separation is continuing.

¶36

Having considered this, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to quash the criminal proceedings.

¶37

Crl.M.C.2419/18

¶38

¶39

In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.1180 of 2014 of Kidangoor Police Station (now pending as Crime No.11 of 2015 of Enathu Police Station) in C.C.No.1182 of 2015 before the Judicial First Class Magistrate Court,, Addor will stand quashed.

¶40

Sd/-

¶41

SUNIL THOMAS Judge

¶42

Sbna/10/7/18

¶43

True Copy / P A to Judge

Madhu v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

Madhu v. Vs 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

Anilkumar Vs Shalini

Muhammed Shereef Vs State of Kerala

Dulcine Jochim Fonseca Vs State of Kerala

Marimuthu @ Sreedhar @ Mohammed Ashraf Vs the Inspector of Police

Remitha Vs State of Kerala

Vinod Vs State of Kerala