The High Court of Kerala quashed criminal proceedings against the petitioner under Section 498A IPC. The court accepted that matrimonial disputes were resolved, evidence of judicial separation was produced, and no larger questions of public importance arose.
Crl.M.C. allowed and all further proceedings in Crime No.784/2017 as against the petitioner 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
WEDNESDAY, THE 18TH DAY OF JULY 2018 / 27TH ASHADHA, 1940
Crl.MC.No. 4320 of 2018
CRIME NO. 784/2017 OF THRIKKANNAPPUZHA POLICE STATION, ALAPPUZHA
PETITIONER(S)/ACCUSED.
ANZIL, AGED 31, S/O ALI KUNJU, KIZHAKKE ANJIL THARAYIL, THRIKKANNAPPUZHA, ALAPPUZHA DISTRICT.
BY ADV.SRI.E.C.AHAMED FAZIL
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE,
3. MIRAZA ASHRAF,
R1 & R2 BY PUBLIC PROSECUTOR SMT.SREEJA V. R3 BY SRI.VARUN V GOPAL
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DSV/-
Crl.MC.No. 4320 of 2018 ()
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.784 OF 2018 OF THRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA DISTRICT. ANNEXURE A2 TRUE COPY OF THE DECREE DATED 16.05.2018 IN OP. (OTHERS) NO.289 OF 2017 PASSED BY FAMILY COURT, ALAPPUZHA. ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT. RESPONDENT(S)' ANNEXURES :
NIL
// TRUE COPY //
P.A. TO JUDGE
DSV/-
SUNIL THOMAS, J
====================
Crl.M.C.No.4320 of 2018
===================
Dated this the 18th day of July, 2018
O R D E R
The petitioner allegedly harassed the 3rd respondent
in connection with matrimonial disputes. Pursuant to the differences of opinion, she laid a complaint alleging matrimonial cruelty, which is registered as Crime No.784/2017 of the Thrikkunnapuzha police station for the offences punishable under section 498A of the Indian Penal Code.
The petitioner has approached this Court for quashing the proceedings.
Crl.M.C.No.4320 of 2018
2
affidavit, affirmed that the parties have completely resolved the matrimonial disputes.
Hence, Crl.M.C is allowed. All further proceedings in Crime No.784/2017 of the Thrikkunnapuzha Police Station as against the petitioner herein stand quashed.
Sd/-
SUNIL THOMAS, JUDGE
DSV/18/7/18
1 issue framed by the court
Whether a case u/s 498A IPC can be quashed under Section 482 Cr.P.C. upon resolution of disputes and judicial separation.
2 provisions across 2 enactments
Anzil
The State of Kerala
Miraza Ashraf
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
