Allowed

Suresh Kumar v. Sneha

Kerala HC1 Nov 2018Crl.MC/6724/2018

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition to quash proceedings under Sections 498A and 34 IPC. Finding the dispute a private family matter settled via mediation and judicial separation, the court invoked section 482 Cr.P.C to quash the case against the accused petitioners.

What did the court decide?

Criminal Miscellaneous Case allowed; all further proceedings in CC No. 757/2017 against the petitioners quashed.

Suresh Kumar Vs Sneha — Dowry and Cruelty | 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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THURSDAY ,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940

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Crl.MC.No. 6724 of 2018

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PENDING AS CC 757/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT-III, ATTINGAL

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CRIME NO. 715/2014 OF KILIMANOOR POLICE STATION , THIRUVANANTHAPURAM

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PETITIONERS/ACCUSED 1 TO 3:

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1 SURESH KUMAR, AGED 37 YEARS, S/O PUSHPARAJAN, P.S..BHAVAN, MALAYAKKAL, KILIMANOOR VILLAGE, TRIVANDRUM

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2 PUSHPARAJAN, AGED 66 YEARS, S/O. PARAMU, P.S. BHAVAN, MALAYAKKAL, KILIMANOOR VILLAGE, TRIVANDRUM

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3 SUBHADRA, AGED 52 YEARS, W/O. PUSHPARAJAN, P.S. BHAVAN, MALAYKKAL, KILIMANOOR VILLAGE, TRIVANDRUM

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BY ADV. SRI.T.KABIL CHANDRAN

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RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1 SNEHA, AGED 30 YEARS D/O CHANDRIKA, SOBHANAM, KADAKKAL VILLAGE, KOTTARAKKARA TALUK

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2 STATE OF KERALA, REPRESENTED BY CIRCLE INSEPCTOR , KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031

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R1 BY ADV. SMT.B.T.PRASANNA R2 BY PUBLIC PROSECUTOR SMT.SREEJA V

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 6724 of 2018

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O R D E R

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The petitioners are the accused in CC.No.757/2017 on the files of the Judicial First Class Magistrate Court-III, Attingal, arising from Crime No.715/2014 of Kilimanoor Police Station for offences punishable under sections 498A and 34 of the Indian Penal Code.

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2. It was alleged by the prosecution that

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the first petitioner after his marriage with the first respondent, demanded more dowry and

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threatened her, along with the petitioners 2 and 3, who are his parents. She laid a complaint pursuant to which crime was registered and after investigation final report was laid. The matter was taken cognizance of and is now pending trial.

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3. Stating that due to the intervention of the mediators, the dispute with the first respondent has been settled and that she has no surviving grievance against the petitioners herein, Crl.M.C is filed. The petitioners relied

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on Annexure-A3 affidavit, stated to be affirmed

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Crl.MC.No. 6724 of 2018

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by the first respondent. The learned counsel for the first respondent acknowledged the due execution of the above affidavit and affirmed that the matter has been duly settled. The learned Public prosecutor on instructions submitted that the parties got separated judicially and the matter is reported to be settled. Having considered these facts and the settlement arrived at between the parties, I am inclined to invoke the jurisdiction under section

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482 Cr.P.C, holding that the dispute is essentially a private family dispute.

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Hence, Crl.M.C is allowed. All further proceedings in CC.No.757/2017 on the files of the Judicial First Class Magistrate Court-III, Attingal, arising from Crime No.715/2014 of Kilimanoor Police Station as against the petitioners herein stand quashed.

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Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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Crl.MC.No. 6724 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 715/2014 OF KILIMANOOR POLICE STATION.

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ANNEXURE A2 CERTIFIED COPY OF CHARGE SHEET IN CC 757/2017 PENDING ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, ATTINGAL, TRIVANDRUM.

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ANNEXURE A3 AFFIDAVIT FILED BY THE 1ST RESPONDENT

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RESPONDENT'S/S EXHIBITS NIL

Suresh Kumar v. Sneha

Case brief

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Suresh Kumar v. Sneha

Case brief

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