Allowed

Raghu v. State of Kerala

Kerala HC20 Jul 2018Crl.MC/4422/2018

Case brief

AI extract

What is this about?

In a quashing petition under Section 482 Cr.P.C., the petitioner accused under Section 498A IPC sought quashing after the wife-complainant settled the dispute and sought divorce. The court, finding the parties resolved grievances, allowed the petition and quashed the criminal proceedings.

What did the court decide?

Criminal Misc. Case Crl.M.C.No.4422 of 2018 allowed; proceedings in CC.No.204/2013 quashed against petitioners.

Raghu Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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FRIDAY, THE 20TH DAY OF JULY 2018 / 29TH ASHADHA, 1940

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Crl.MC.No. 4422 of 2018

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PENDING AS CC 204/2013 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD

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CRIME NO. 866/2013 OF PALAKKAD TOWN SOUTH POLICE STATION , PALAKKAD

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PETITIONER(S)/ACCUSED

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1 RAGHU AGED 41 YEARS, S/O.RAJAMANI, B.P.CHALLA, KUTIPPALLAM NATTUKAL, KOZHINJAMPARA, PALAKKAD DISTRICT, PIN-678 555.

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2 USHA, AGED 60 YEARS,

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W/O.RAJAMANI, B.P.CHALLA, KUTIPPALLAM NATTUKAL, KOZHINJAMPARA, PALAKKAD DISTRICT, PIN-678 555.

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BY ADV.SRI.ANOOP JOSEPH

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RESPONDENT(S):

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1. STATE OF KERALA

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

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2. PRIYA A, AGED 30 YEARS, W/O.RAGHU RESIDING AT KALAPPAKKAD HOUSE, CHEMMATTIYAMPADAM, KODUMBU P.O., PALAKKAD DISTRICT, PIN-678 551.

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3. THE STATION HOUSE OFFICER, PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD DISTRICT, PIN-678 013.

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R2 BY ADV. SRI.SUNIL NAIR PALAKKAT R2 BY ADV. SRI.K.N.ABHILASH R2 BY ADV. SRI.T.R.ANIL VENUGOPAL R2 BY ADV. SRI.M.A.AHAMMAD SAHEER R1 & R3 BY PUBLIC PROSECUTOR SMT.SREEJA.V

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4422 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT DATED 08-05-2013 IN CC NO.204/2013 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD.

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ANNEXURE 2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 19-06-2018.

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RESPONDENT(S)' EXHIBITS

NIL

R.AV

//TRUE COPY//

PA TO JUDGE

SUNIL THOMAS, J.

Crl.M.C.No.4422 of 2018

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Dated this the 20^th day of July, 2018

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O R D E R

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The first petitioner was married to the second respondent. The second petitioner is the mother of the first petitioner. Alleging that the petitioners subjected the second respondent to matrimonial cruelty, she laid a complaint. Crime was registered as Crime No.866/2013 of Town South Police Station, Palakkad for offence punishable under section 498A read with section 34 of the Indian Penal Code. After investigation, final report was laid and the matter is now pending as CC.No.204/2013 on the files of the Judicial First Class Magistrate Court, Palakkad.

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Contending that the defacto complainant

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has settled the dispute with the petitioners herein due to intervention of mediators, the Crl.M.C is laid. The petitioners herein contended that the second respondent has no objection in quashing the

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Crl.M.C.No.4422 of 2018

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proceedings in the light of Annexure-A2 affidavit, affirmed by the second respondent. The learned Public Prosecutor submitted that the matter has been reported to be settled. It was submitted by both sides that pursuant to the settlement parties moved the Family Court under section 13 (b) and divorce was granted which is the subject matter of a pending matrimonial appeal. It is now reported that pursuant to the settlement both parties propose to file joint application for divorce. Since the available materials indicate that the parties have resolved their dispute and that they have no surviving grievance, I am inclined to invoke the jurisdiction under section 482 Cr.P.C to give a quietus to the present criminal proceedings.

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Crl.M.C is accordingly allowed. All further proceedings in CC.No.204 of 2013 on the files of the Judicial First Class Magistrate Court, Palakkad, arising from Crime No.866/2013 of Town South Police

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Crl.M.C.No.4422 of 2018

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Station, Palakkad as against the petitioners herein

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stand quashed.

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Sd/- SUNIL THOMAS, JUDGE

R.AV

//True Copy//

PA to Judge

Crl.M.C.No.4422 of 2018

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Name of the Lower Court appearing in the 11^th line of paragraph 1 and 3^rd line of paragraph 3 of the final order dated 20/07/2018 in Crl.M.C.No.4422/2018 is corrected and substituted as “Chief Judicial Magistrate Court, Palakkad” instead of “Judicial First Class Magistrate Court, Palakkad” as per order dated 17/10/2018 in Crl.M.A.No.2/2018 in Crl.M.C.No.4422/2018.

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Sd/- Registrar (Judicial)

Raghu v. State of Kerala

Case brief

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Raghu v. State of Kerala

Case brief

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