In this criminal miscellaneous case, the High Court of Kerala quashed criminal proceedings under Section 498A IPC against four accused. The court found that the matter was amicably settled and no public interest was involved, thus allowing the petition to quash the trial.
Proceedings in C.C. No. 940 of 2010 were 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 V.G.ARUN
FRIDAY, THE 10TH DAY OF MAY 2019 / 20TH VAISAKHA, 1941
Crl.MC.No. 3214 of 2019
AGAINST THE ORDER IN CC 940/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS ,VARKALA
CRIME NO. 102/2010 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 TO 4:
1 SYAMKUMAR,
AGED 48 YEARS,
S/O.HARIDAS, SWAPNA NIVAS, ALUMMOODU, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT - 695 605.
2 HARIDAS,
AGED 76 YEARS,
S/O.MADHAVAN, SWAPNA NIVAS, ALUMMOODU, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT - 695 605.
3 SWAPNA KUMARI, AGED 43 YEARS,
D/O.VANAJAKSHI AMMA, VALIYAVILA VEEDU, NEAR KOVOOR MANTHRIKADA JUNCTION, PALAYAMKUNNU, CHEMMARUTHI P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT - 695 145.
AGED 23 YEARS, D/O.SWAPNA KUMARI, VALIYAVILA VEEDU, NEAR KOVOOR MANTHRIKADA JUNCTION, PALAYAMKUNNU, CHEMMARUTHI P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT - 689 145.
BY ADV. SRI.M.DINESH
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN- 682 031.
2 BINDHU,
AGED 45, D/O.SANTHAKUMARI, SWAPNA NIVAS, ALUMMOODU, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PRESENTLY RESIDING AT S/516, NEW 23, VAYAL HOUSE, CHANNAPPA
Crl.M.C.No. 3214 of 2019
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CROSS, NEAR R.K.HOSPITAL, KAMMANAHALLI MAIN ROAD, BANGALORE NORTH - 560 084.
BY ADV. SRI.C.S.SUMESH
OTHER PRESENT:
SR.PP.SRI.MS.BREEZ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 3214 of 2019
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O R D E R
The petitioners are accused Nos. 1 to 4 in C.C.No. 940 of 2010 on the file of the Judicial First Class Magistrate Court-I, Varkala. The offences alleged against the petitioners are under Section 498A read with Section 34 of the Indian Penal Code. The 2nd respondent herein is the de facto complainant. This Crl.M.C is filed seeking to quash the proceedings in C.C.No. 940 of 2010 on the file of the Judicial First Class Magistrate Court-I, Varkala on the ground that the issue leading to the registration of the crime has been amicably settled between the petitioners and the 2nd respondent.
petitioners, the learned counsel for the 2nd respondent and the learned Public Prosecutor.
Crl.M.C.No. 3214 of 2019
-:4:-
In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 940 of 2010 on the file of the Judicial First Class Magistrate Court-I, Varkala is quashed. The trial court may pass appropriate orders for the disposal of the material objects, if any, seized during the course of investigation.
Sd/-
V.G.ARUN
JUDGE
DST
Crl.M.C.No. 3214 of 2019
-:5:-
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. IN CRIME NO.102/2010 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CC.NO.940/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, VARKALA WHICH AROSE FROM CRIME NO.102/2010 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A3 NOTARIZED AFFIDAVIT OF THE 2ND RESPONDENT/DE-FACTO COMPLAINANT DATED 6/4/2019.
RESPONDENTS' EXHIBITS: NIL
//True copy//
P.A.To Judge
1 issue framed by the court
Whether proceedings under Section 498A IPC can be quashed on grounds of settlement between petitioner and complainant.
2 provisions across 1 enactments
SYAMKUMAR
HARIDAS
SWAPNA KUMARI
REVATHI
STATE OF KERALA
BINDHU
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
