Allowed

Lakshmi P.R v. State of Kerala

Kerala HC9 Oct 2020Crl.MC/4078/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala allowed the petition and quashed the criminal proceedings against the petitioner for offences under Section 324 IPC and Section 75 of the Juvenile Justice Act. The court observed that the underlying matrimonial dispute had been settled with no subsisting grievance, and continuing the proceedings would amount to an abuse of process of the c

What did the court decide?

The Crl.M.C. is allowed. The proceedings in C.C.No.473/2019 on the files of the Judicial First Class Magistrate Court, Ranni is quashed.

Lakshmi P.R Vs State of Kerala — Matrimonial and Divorce | 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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FRIDAY, THE 09TH DAY OF OCTOBER 2020 / 17TH ASWINA, 1942

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Crl.MC.No.4078 OF 2020(H)

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AGAINST THE ORDER IN CC 473/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI

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CRIME NO.1378/2018 OF Ranni Police Station , Pathanamthitta

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PETITIONER/ACCUSED:

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LAKSHMI P.R AGED 30 YEARS D/O. RAVEENDRANATHAN NAIR, PAREPEEDIKAYIL HOUSE, VADASSERIKKRA VILLAGE, KUMAREMPEROOR THEKKEKARA MURI, VADASSERIKARA P.O. RANI TALUK, PATHANAMTHITTA DISTRICT 689 662.

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BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SRINATH

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RESPONDENT/STATE AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA

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REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2 JAYAKUMAR JAYANIVAS AGED 37 YEARS S/O.K.S. DIVAKARAN NAIR, JAYANIVAS HOUSE, VADASSERIKKARA P.O. VADASSERIKKARA VILLAGE, RANNI TALUK, RANNI DISTRICT 689 662.

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R2 BY ADV. JACOB P.ALEX

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R2 BY ADV. SHRI.MANU SANKAR P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4078 OF 2020(H) ..2..

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ORDER

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Dated this the 9th day of October 2020

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Petitioner is the sole accused in Crime No.1378/2018 registered at the Ranni Police Station, for the offence punishable under Section 324 of IPC, and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, now pending as C.C.No.473/2019 on the files of the Judicial First Class Magistrate Court, Ranni. The de facto complainant, at whose instance the crime was registered is the petitioner’s husband and is arrayed as the 2^nd respondent herein. Annexure-F affidavit has been filed by 2^nd respondent stating that the incident, which led to registration of the crimes, arose out of matrimonial issues, which have since been settled and the parties have decided to move

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Crl.MC.No.4078 OF 2020(H) ..3..

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for mutual divorce and he has no subsisting grievance against the petitioner.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has 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 2^nd 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

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Crl.MC.No.4078 OF 2020(H) ..4..

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Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No.473/2019 on the files of the Judicial First Class Magistrate Court, Ranni is quashed.

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SB/09/10/2020

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Sd/V.G.ARUN JUDGE

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Crl.MC.No.4078 OF 2020(H) ..5..

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APPENDIX OF Crl.MC 4078/2020

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO. 1378/2018 OF RANNI POLICE STATION, ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO., 1378/2018 ON THE FILES OF JFCM RANNI.

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ANNEXURE B(1) CERTIFIED COPY OF WOUND CERTIFICATE DATED 24.10.2018 OF MINOR SUKRITHA JEWEL JAYAKUMAR.

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ANNEXURE C TRUE COPY OF THE DECREE DATED 06.03.2020 OF THE FAMILY COURT, PATHANAMTHITTA IN OP NO. 545 OF 2018 ALONG WITH COMPROMISE DATED 03.03.2020.

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ANNEXURE D TRUE COPY OF THE DECREE DATED 21.07.2018 IN OP (G&W0 815/2016 ON THE FILES OF THE FAMILY COURT, PATHANAMTHITTA ALONG WITH COMPROMISE DATED 21.07.2018.

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ANNEXURE E TRUE COPY OF THE ORDER DAETD 03.03.2020 IN OP (G&W) 815/2016 BEFORE FAMILY COURT, PATHANAMTHITTA RECORDING THE MODIFICATIONS ALONG WITH THE MODIFIED COMPROMISE DATED 03.03.2020.

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ANNEXURE F AFFIDAVIT DATED 26.08.2020 SWORN BY 2ND RESPONDENT ON BEHALF OF THE MINOR CHILD IN HIS CAPACITY AS LEGAL GUARDIAN OF THE CHILD.

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//true copy// P.A to Judge

Lakshmi P.R v. State of Kerala

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Lakshmi P.R v. State of Kerala

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