The High Court of Kerala allowed a Petitioner under Section 482 Cr.P.C. to quash criminal proceedings instituted for offences under Section 497 IPC following its declaration as unconstitutional in Joseph Shine vs. Union of India (AIR 2018 SC 4898).
Proceedings in C.C.No. 270 of 2015 before J.M.F.C.-I, Hosdurg are quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY ,THE 06TH DAY OF DECEMBER 2018 / 15TH AGRAHAYANA, 1940
Crl.MC.No. 4117 of 2016
AGAINST THE ORDER IN CC 270/2015 of J.M.F.C.-I,HOSDRUG
PETITIONER:
JOHN.K.T.
S/O. K. THOMAS, KURIALAPUZHA HOUSE, CHITTARIKKAL P.O., HOSDURG, KASARGOD.
BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENTS:
S/O. LATE VANIYAN, PANAMTHODU, VELESHWARAM, RAVANESWARAM P.O. CHITHARI VILLAGE, HOSDURG, KASARGOD
2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY ADV. SMT.CHINCY GOPAKUMAR
PP. SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
Crl.MC.No. 4117 of 2016 2
2015 on the file of the Judicial First Class Magistrate Court-I, Hosdurg. He is alleged to have committed the offence under Section 497 IPC. The proceedings are sought to be quashed on the ground that the facts of the case do not disclose commission of any offence. The Supreme Court in Joseph Shine vs. Union of India (AIR 2018 SC 4898) has declared Section 497 IPC unconstitutional. The proceedings in the trial court are liable to be quashed.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 270 of 2015 on the file of the Judicial First Class Magistrate Court-I, Hosdurg are quashed.
Sd/-
K.ABRAHAM MATHEW JUDGE
pm
Crl.MC.No. 4117 of 2016 3
APPENDIX
PETITIONER'S EXHIBITS:
| ANNEXURE A1 | TRUE COPY OF THE COMPLAINT FILED BY 1ST RESPONDSENT. |
|---|---|
| ANNEXURE A2 | TRUE COPY OF THE JUDGMENT IN W.P.(CR) NO. 480/2011. |
| ANNEXURE A3 | TRUE COPY OF THE FIR IN CRIME NO. 1402/12 OF HOSDURG PS AND THE CHARGE SHEET THERETO. |
| ANNEXURE A4 | TRUE COPY OF THE S.161J CRPC STATEMENT OF 1ST RESPONDENT IN CRIME NO 1402/12 OF HOSDURG PS. |
| ANNEXURE A5 | ORDER OF WOMEN PROTECTION OFFICER, KASARGOD. |
| ANNEXURE A6 | TRUE COPY OF THE REPORT AND STATEMENT OF RADHA. |
| ANNEXURE A7 | JUDGMENT IN O.P. NO. 50/2013 FAMILY COURT, KASARGOD. |
RESPONDENTS' EXHIBITS: NIL
// TRUE COPY // PA TO JUDGE
1 issue framed by the court
Whether criminal proceedings under Section 497 IPC should be quashed in light of their declaration as unconstitutional.
Colour shows how this judgement treated each authority
Joseph Shine vs. Union of IndiaRelied on¶20
Joseph Shine vs. Union of India (AIR 2018 SC 4898) · Who else cites this
2 provisions across 2 enactments
John.K.T.
Kunhiraman.V
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.Abraham Mathew
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