Allowed

Nihil Lal v. State of Kerala

Kerala HC27 Jul 2018Crl.MC/869/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, dealing with a criminal complaints case against a husband and son for offences like 498A IPC involving dowry harassment, allowed the petition. The court quashed further proceedings in the underlying criminal case after finding a mutual settlement between the parties and a joint application for divorce under Section 13(B) of the Hindu Marriage Act was filed.

What did the court decide?

Crl.M.C. No. 869 of 2018 was allowed; all further proceedings in Crime No.200/2017 of Meppady Police Station stand quashed.

Nihil Lal Vs State of Kerala — 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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FRIDAY, THE 27TH DAY OF JULY 2018 / 5TH SRAVANA, 1940

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Crl.MC.No. 869 of 2018

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CRIME NO. 200/2017 OF MEPPADY POLICE STATION, ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, KALPATTA

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PETITIONER(S)/ACCUSED

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1 NIHIL LAL,

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S/O.NARAYANAN KUTTY, AGED 33 YEARS, VATTAKANDY HOUSE, NELLIKODE P.O., KOZHIKODE DISTRICT, PIN-673016, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER NIPIN LAL (PETITIONER NO.3)

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2 HEMAMALINI, W/O.NARAYANAN KUTTY, AGED 63 YEARS, VATTAKANDY HOUSE, NELLIKODE P.O., KOZHIKODE DISTRICT, PIN-673016.

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3 NIPIN LAL S/O.NARAYANAN KUTTY, AGED 35 YEARS, VATTAKANDY HOUSE, NELLIKODE P.O., KOZHIKODE DISTRICT, PIN-673016.

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BY ADVS.SRI.P.B.KRISHNAN

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SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)

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RESPONDENT(S)/STATE & DEFACTO COMPLAINANT

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERANAKULAM-682031.

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2. V.V.ATHIRA,

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AGED 28 YEARS, D/O.SURESH M., THULASI VEEDU,

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KARINGAM VAYAL, KOTTANADU P.O., MEPPADI,

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WAYANAD DISTRICT, PIN-673577.

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R2 BY ADV. SMT.CELINE JOSEPH

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R1 BY PUBLIC PROSECUTOR SMT.SREEJA V.

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 869 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A	TRUE COPY OF THE VISA DATED 6-7-2015 IN THE NAME OF RESPONDENT NO.2
ANNEXURE B	TRUE COPY OF THE LETTER DATED 7-5-2016 ISSUED BY THE PUBLIC INFORMATION OFFICER, DISTRICT POLICE OFFICE, WAYANAD ALONG WITH COMPLAINT DATED 2-4-2016 FILED BY RESPONDENT NO.2 BEFORE THE WOMEN'S CELL, WAYANAD AND THE NOTICE, OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005.
ANNEXURE C	TRUE COPY OF OP NO.598 OF 2017 BEFORE THE FAMILY COURT, KOZHIKODE DATED 17-6-2017.
ANNEXURE D	CERTIFIED COPY OF THE CMP NO.4648 OF 2017 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA DATED 10-7-2017.
ANNEXURE E	CERTIFIED COPY OF FIR NO.200 OF 2017 OF MEPPADY POLICE STATION, ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, KALPETTA.
ANNEXURE F	TRUE COPY OF M.C.NO.14/2017 DATED 17-7-2017 FILED BEFORE THE GRAMA NYAYALAYA, KALPETTA.
ANNEXURE G	TRUE COPY OF THE ORDER DATED 20-9-2017 IN CRL.M.P.NO.1823 OF 2017 ON THE FILE OF THE SESSIONS COURT, KALPETTA.
ANNEXURE H	TRUE COPY OF THE ORDER DATED 13-12-2017 IN BAIL APPLICATION NO.8244 OF 2017 BEFORE THIS HON'BLE COURT.
ANNEXURE I	TRUE COPY OF THE CRL.M.A.NO.13231 OF 2017 DATED 30-11-2017 IN BAIL APPLICATION NO.8244 OF 2017 BEFORE THIS HON'BLE COURT.

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RESPONDENTS' EXHIBITS

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ANNEXURE A	TRUE COPY OF THE 2ND RESPONDENT.	AFFIDAVIT DATED 02.07.2018 OF THE
ANNEXURE B	TRUE COPY OF THE THE FAMILY COURT,	JOINT PETITION DATED 02.07.2018 BEFORE KALPATTA.

/TRUE COPY/

P. A. TO JUDGE

Pn 03/08

SUNIL THOMAS, J.

Crl. M. C. No. 869 of 2018

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Dated this the 27^th day of July, 2018

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O R D E R

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Petitioners are the accused in Crime No.200/2017 of Meppady Police Station, on the file of the Chief judicial Magistrate's Court, Kalpatta for offences punishable under Sections 498A, 323, 294(b), 506, 354, 406 read with 34 of IPC. It was alleged by the 2^nd respondent that she was subjected to matrimonial cruelty in connection with demand for dowry by the petitioners. It seems that other proceedings are also pending.

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Claiming that with the intervention of the family members, the parties have entered into an agreement and settled the disputes, an affidavit affirming the settlement has been produced as Annexure A. Learned counsel for the petitioners and the learned counsel for the 2^nd respondent admitted the settlement of the disputes. It was stated that pursuant to the settlement, Annexure B joint application has been filed under Section 13(B) of the Hindu Marriage Act before the Family Court, Kalpetta.

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The learned Public Prosecutor on instructions submitted that the settlement has been reported to the

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Crl. M. C. No. 869 of 2018 2

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investigating agency and the statement of the victim recorded.

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Considering these facts, I am inclined to invoke the jurisdiction under Section 482 Cr.P.C. and to quash all further proceedings. Accordingly, Crl.M.C. is allowed. All further proceedings in Crime No.200/2017 of Meppady Police Station, on the file of the Chief judicial Magistrate's Court, Kalpatta stand quashed.

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SUNIL THOMAS, JUDGE.

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Pn 27/07

Nihil Lal v. State of Kerala

Case brief

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Nihil Lal v. State of Kerala

Case brief

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