Allowed

Arun P.V. v. State of Kerala

Kerala HC16 Sept 2020Crl.MC/1401/2020

Case brief

AI extract

What is this about?

The Court quashed FIR and proceedings under Section 498-A IPC in a matrimonial dispute. The de facto complainant filed an affidavit stating the dispute was resolved via mediation and no grievance subsisted, rendering continued proceedings an abuse of process.

What did the court decide?

Annexure-1(a) FIR and the proceedings in Crime No.3/2020 registered at the Payyannur Police Station is quashed.

Arun P.V. Vs State of Kerala — Dowry and Cruelty | Kerala HC (2020)

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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 V.G.ARUN

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WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942

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Crl.MC.No.1401 OF 2020(E)

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CRIME NO.3/2020 OF Payyannur Police Station , Kannur

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PETITIONER/ACCUSED NO. 1 TO 3:

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1 ARUN P.V. AGED 32 YEARS S/O.P.V.SURENDRAN,

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2 BABY SUDHA @ SUDHA, W/O. P.V.SURENDRAN,

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3 ATHIRA, D/O.P.V.SURENDRAN, (ALL ARE RESIDING AT ARUN NIVAS, KUNHIMANGALAM AMSOM, EDANAD DESOM, PO EDAT, PAYYANUR TALUK, KANNUR DISTRICT).

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BY ADV. SRI.M.V.AMARESAN

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RESPONDENT/STATE AND COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.

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2 SUPARNA R., AGED 29 YEARS D/O.SREEDHARAN, AVITTAM, NAREEKOD, KANNUR TALUK, KANNUR DISTRICT, PIN-673639.

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R2 BY ADV. SRI.RAJAN VISHNURAJ R2 BY ADV. SRI.V.HARISH R2 BY ADV. SMT.JUHI JAYAPALAN

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OTHER PRESENT:

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PP AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1401 OF 2020(E) ..2..

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ORDER

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Dated this the 16th day of September 2020

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Petitioners are the accused in Crime No.3/2020 registered at the Payyannur Police Station, for the offence punishable under Section 498-A of IPC. The de facto complainant, at whose instance the crime was registered is the 1^st petitioner’s wife, arrayed as the 3^rd respondent herein. Annexure-2 affidavit has been filed by 3^rd respondent stating that the matrimonial dispute, which had compelled her to submit the complaint leading to registration of the crime, has been resolved amicably through mediation and she has no subsisting grievance in the matter.

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Crl.MC.No.1401 OF 2020(E) ..3..

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Heard the learned Public Prosecutor also,

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who, on instructions, submits that the petitioners have no criminal antecedents.

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Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by the 3^rd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303],

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Crl.MC.No.1401 OF 2020(E) ..4..

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there is no impediment in granting the relief sought. In the result, this Crl.M.C is allowed. Annexure-

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1(a) FIR and the proceedings in Crime No.3/2020 registered at the Payyannur Police Station is quashed.

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SB/16/09/2020

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.1401 OF 2020(E) ..5..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF FIS GIVEN BY THE COMPLAINANT ON 17.12.2019 IN CRIME NO.3/2020 OF PAYYANNUR POLICE STATION.

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ANNEXURE 1(A) TRUE COPY OF FIR IN CRIME NO.3/2020 OF PAYYANNUR POLICE STATION DATED 1.1.2020.

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ANNEXURE 2 TRUE COPY OF AFFIDAVIT DATED 25.08.2020 SWORN TO BY 2ND RESPONDENT IN CRL.M.C NO.1401/2020

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// true copy //

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P.A to Judge

Arun P.V. v. State of Kerala

Case brief

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Arun P.V. v. State of Kerala

Case brief

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