Allowed

Subeesh v. Amritha

Kerala HC13 Nov 2020Crl.MC/4692/2020

Case brief

AI extract

What is this about?

High Court quashed criminal proceedings under Section 498-A IPC pending before Judicial Magistrate, Thrissur. Court accepted affidavit of divorced wife stating dispute settled, found no public interest, and applied Supreme Court precedents to prevent abuse of court process.

What did the court decide?

Criminal proceedings in C.C.No.3341/2016 before Judicial First Class Magistrate Court – I, Thrissur are quashed.

Subeesh Vs Amritha — 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 13TH DAY OF NOVEMBER 2020 / 22ND KARTHIKA, 1942

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Crl.MC.No.4692 OF 2020(F)

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AGAINST THE ORDER/JUDGMENT IN CC 3341/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR

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CRIME NO.758/2014 OF AnthikadPolice Station , Thrissur

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PETITIONER/ACCUSED:

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SUBEESH, AGED 36 YEARS, S/O. MOHANAN, MOOLEKATTIL HOUSE, PERINCHERRY DESOM, AVINISERRY VILLAGE, AVINISERRY P. O., THRISSUR DISTRICT, PIN – 680 317.

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BY ADVS. SHRI. PRABHU K. N. SHRI. MANUMON A.

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RESPONDENTS/DEFACTO COMPLAINANT & COMPLAINANT:

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1 AMRITHA, AGED 31 YEARS, D/O. SANTHI, PAYYANNUR VEETIL HOUSE, NEAR AYYAPPANKAVU TEMPLE, MANAKKODI P. O., MANAKKODI VILLAGE, THRISSUR DISTRICT, PIN – 680 012.

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2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031.

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SRI. RAMESH CHAND, PP R1 – SRI. METHIL VENUGOPALAN

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.4692 OF 2020

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ORDER

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Dated this the 13th day of November 2020

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Petitioner is the accused in Crime No.758/2014 registered at Anthikkad Police Station, Thrissur District for offences punishable under Section 498 A of I.P.C, now pending as C.C.No.3341/2016 on the files of the Judicial First Class Magistrate Court – I, Thrissur. The de facto complainant at whose instance the crime was registered is arrayed as the 1st respondent. Annexure - A3 affidavit has been filed by the 1^st respondent stating that the matrimonial dispute, which led to registration of the crime, has been settled amicably and that she has no subsisting grievance in the matter.

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Heard the learned Public Prosecutor also, who, on instructions, submits that the petitioner has no criminal antecedents. The parties are divorced and living separately.

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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 1^st respondent, the contents of which are

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Crl.MC.No.4692 OF 2020

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submitted to be true and voluntary, I am satisfied that the dispute is settled and that 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], there is no impediment in granting the relief sought.

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In the result, this Crl.M.C is allowed. The proceeding s in C.C.No.3341/2016 on the files of the Judicial First Class Magistrate Court – I, Thrissur is quashed.

Sd/-

V.G.ARUN JUDGE

SPR

Crl.MC.No.4692 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 PHOTOCOPY OF THE FIRST INFORMATION REPORT IN CRIME 758/2014 OF ANTHIKKAD POLICE STATION DATED 03.05.2014.

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ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.2948/2014 ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT II, THRISSUR ARISING OUT OF CRIME 758/2014 OF ANTHIKKAD POLICE STATION DATED 05.05.2014.

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ANNEXURE A3 AFFIDAVIT SWORN BY THE 1ST RESPONDENT/DEFACTO COMPLAINANT DATED 13.08.2020.

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ANNEXURE A4 PHOTOCOPY OF THE COUNSELLING REPORT DATED 07.08.2019 IN M.C.NO.707/2018 FILED BY THE 1ST RESPONDENT.

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ANNEXURE A5 PHOTOCOPY OF THE JOINT DIVORCE PETITION O.P.(DIV)582/2019 FILED BY THE PETITIONER AND THE 1ST RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL.

Subeesh v. Amritha

Case brief

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Subeesh v. Amritha

Case brief

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