Allowed

Shobhesh v. State of Kerala

Kerala HC18 Nov 2020Crl.MC/4938/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petition to quash criminal proceedings under IPC Sections 498A, 406, and 34. Relying on prior precedents, the court found that the matrimonial dispute was settled with no public interest involved, making continuation an abuse of process.

What did the court decide?

The criminal proceedings in C.C.No.323/2019 of Judicial Magistrate of First Class, Kunnamangalam are quashed.

Shobhesh 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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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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Crl.MC.No.4938 OF 2020(F)

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AGAINST THE JUDGMENT IN CC 323/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMANGALAM

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CRIME NO.809/2018 OF Kunnamangalam Police Station , Kozhikode

PETITIONERS:

1 SHOBHESH

AGED 31 YEARS

S/O. THANKACHAN, CHENOTTUPARAMB, KUNNAMANGALAM, KOZHIKODE DISTRICT-673570.

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2 SHOBHANA, AGED 52 YEARS

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W/O. THANKACHAN, CHENOTTUPARAMB, KUNNAMANGALAM, KOZHIKODE DISTRICT-673570.

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BY ADV. SRI.P.K.SAJEEV

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RESPONDENTS:

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

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2 DIVYA SANKAR, AGED 25 YEARS D/O. PRABHA SANKAR, PATTARKANDI HOUSE, VALAYANAD, MEDICAL COLLEGE, KOZHIKODE-673004.

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R2 BY ADV. V.SREENATH

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SR.PP.AMJAD ALI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crmc 4938/2020

V.G.ARUN, J.

=========================== Crl.M.C.No.4938 of 2020

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=========================== Dated this the 18^th day of November, 2020

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ORDER

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Petitioners are the accused in Crime No.809 of 2018 registered at the Kunnamangalam Police Station for offences punishable under Sections 498A, 406 and 34 of IPC, now pending as C.C.No.323/2019 of Judicial Magistrate of First Class, Kunnamangalam. The de facto complainant, at whose instance the crime was registered is the 2^nd respondent. Annexure A3 affidavit has been filed by the 2^nd respondent stating that the matrimonial dispute is resolved and that she has no subsisting grievance against the petitioners.

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Heard the learned Public Prosecutor also, 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 2^nd respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the dispute is settled and

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that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings

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Crmc 4938/2020

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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 proceedings in C.C.No.323/2019 of Judicial Magistrate of First Class, Kunnamangalam is quashed.

Sd/-

V.G.ARUN

lgk

Crmc 4938/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.809/2018 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DISTRICT. ANNEXURE A2 TRUE COPY OF THE MEDICATION AGREEMENT IN OP 778/2018 ON THE FILES OF FAMILY COURT. ANNEXURE A3 AFFIDAVIT OF THE 2ND RESPONDENT DATED 18/09/2020.

Shobhesh v. State of Kerala

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Shobhesh v. State of Kerala

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