In a criminal miscellaneous application, the Court quashed the Criminal Court proceedings and FIR arising from a domestic dispute under Section 498A IPC, holding that the matter was purely personal with no public interest involved post-settlement.
Quashed the entire further proceedings in C.C. No. 519/2019 including the FIR and Final Report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943
CRL.MC NO. 1426 OF 2020
AGAINST THE ORDER/JUDGMENT IN CC 519/2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,NILAMBUR, MALAPPURAM
CRIME NO.318/2019 OF NILAMBUR POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
MATHEW VARGHESE AGED 57 YEARS S/O.CHERIYAN VARGHESE, PUTHANPARAMBIL VEEDU, KAPPIL, THRIKKAIKUTHU, MAMPAD VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN-679328. BY ADV C.DILIP
RESPONDENTS/STATE, DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 ANNAMMA MATHEW @ ALICE MATHEW AGED 51 YEARS W/O.MATHEW VARGHESE, PUTHANPARAMBIL VEEDU, KAPPIL, THRIKKAIKUTHU, MAMPAD VILLAGE, MALAPPURAM DISTRICT, KERALA, PIN679328. BY ADV VINOD RAVINDRANATH
OTHER PRESENT:
PP SRI. RENJIT GEORGE,SR GP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.11.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1426 of 2020
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O R D E R
This Crl.M.C. has been filed seeking to quash the entire further proceedings in C.C.No.519/2019 on the file of the Judicial First Class Magistrate Court, Nilambur, which arose out of crime No.318/2019 of Nilambur Police Station registered for the offence punishable u/s.498 A IPC.
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complainant have been amicably settled and she is not intending to prosecute the matter further against the petitioner and she has no objection in quashing the FIR as well as the Final Report.
In the result, Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
JUDGE
shg
Crl.M.C.No.1426 of 2020
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| APPENDIX OF CRL.MC 1426/2020 | |
|---|---|
| PETITIONER ANNEXURE | |
| ANNEXURE A1 | CERTIFIED COPY OF FIR NO.318/2019 OF NILAMBUR POLICE STATION DATED 18.08.2019 ALONG WITH THE F.I.STATEMENT. |
| ANNEXURE A2 | CERTIFIED COP OF FINAL REPORT DATED 17.09.2019 IN FIR NO.318/2019 OF NILAMBUR POLICE STATION. |
| ANNEXURE A3 | AFFIDAVIT OF RESPONDENT NO.2 DATED 11.02.2020. |
1 issue framed by the court
Whether criminal proceedings under Section 498A IPC should be quashed due to amicable settlement and absence of public interest.
1 provisions across 1 enactments
MATHEW VARGHESE
STATE OF KERALA
ANNAMMA MATHEW
M.R. ANITHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
