The High Court quashed criminal proceedings against four accused persons convicted under Section 498-A IPC, finding that the underlying domestic dispute had been amicably resolved and no public interest remained in continuance.
Proceedings in C.C.No.868/2018 on the files of the Judicial First Class Magistrate Court, Mannarkkad is quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
Crl.MC.No.2313 OF 2020(H)
AGAINST THE JUDGMENT IN CC 868/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANNARKAD
CRIME NO.409/2018 OF KALLADICODE POLICE STATION , Palakkad
PETITIONER/ACCUSED:
BY ADV. SRI.R.RANJITH (MANJERI)
RESPONDENT/STATE AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031 FOR THE SUB INSPECTOR OF POLICE, WANDOOR POLICE STATION, MALAPPURAM DISTRICT.
2 MINNU TOM, D/O. TOMY K.J., AGED 25 YEARS, 385, KANNAMPALIL HOUSE, MACHAMTHODE P.O., PONNAMKODE, THACHAMPARA, PALAKKAD DISTRICT-678001.
R2 BY ADV. SRI.A.P.NIDHIN KUMAR
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 17th day of December 2020 Petitioners are the accused in Crime No.409/2018 registered at the Kalladikkode Police Station for offences punishable under Sections 498-A, 323 and 506(ii) r/w 34 of IPC, now pending as C.C.No.868/2018 on the files of the Judicial First Class Magistrate Court, Mannarkkad. The de facto complainant, at whose instance the crime was registered, is arrayed as the 2nd respondent. Annexure-B affidavit has been filed by 2nd respondent stating that the dispute, which was the reason for the incident and registration of the crime, has been resolved amicably and she has no subsisting grievance against the petitioners.
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on instructions, submits that the petitioners have no criminal antecedents.
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no impediment in granting the relief sought.
In the result, this Crl.M.C is allowed. The
proceedings in C.C.No.868/2018 on the files of the Judicial First Class Magistrate Court, Mannarkkad is quashed.
SB/17/12/2020
Sd/V.G.ARUN JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.409/2018 OF THE KALLADIKKODE POLICE STATION. ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.
//true copy// P.A to Judge
1 issue framed by the court
Whether the criminal proceedings should be quashed following a settlement between the parties.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabReferred¶26
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of Punjab and anotherReferred¶26
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
Robin
Valsa
Reena
Baiju
The State of Kerala
Minnu Tom
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V.G. Arun
Parties & counsel
