Allowed

Arun I.S v. State of Kerala

Kerala HC11 Nov 2021Crl.MC/3098/2021

Case brief

AI extract

What is this about?

The High Court allowed the petitioner's criminal miscellaneous petition and quashed proceedings in C.C.No.86/2019. The court noted that the husband and wife parties had settled amicably and were living together, making continued prosecution an abuse of the court process.

What did the court decide?

Crl.M.C. No. 3098 of 2021 allowed; all further proceedings against the petitioner in C.C.No.86/2019 are hereby quashed.

Arun I.S Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE M.R.ANITHA

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THURSDAY, THE 11TH DAY OF NOVEMBER 2021 / 20TH KARTHIKA, 1943

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CRL.MC NO. 3098 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 86/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA, KANNUR

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PETITIONER/ACCUSED:

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ARUN I.S
AGED 32 YEARS
S/O.SOMAN I.S., INCHIYIL HOUSE,
CHAMAKKAL, PAYYAVOOR P.O., PAYYAVOOR AMSOM,
KANNUR DISTRICT 670 633
BY ADV V.T.MADHAVANUNNI

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM 682 031

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2JOSNA JOSE
D/O.JOSE, MUTHUPLAKKAL HOUSE,
PAISAKKARI P.O., PAYYAVOOR AMSOM DESOM,
PAYYANNUR TALUK, KANNUR DISTRICT 670 633

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BY ADV V.A.SATHEESH

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BY ADV RENJIT GEORGE,PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3098 OF 2021

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ORDER

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Petitioner is the sole accused in C.C.No.86/2019 on the file of the Judicial First Class Magistrate Court, Taliparamba, which arose out of crime No.220/2018 of Payyavoor police station, Kannur, which has been registered for the offences punishable under Section 498A, 294(b), 323, 506(i) read with Section 34 of the Indian Penal Code.

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The first petitioner is the husband of the defacto complainant/the second respondent. The parties settled the matter amicably and are presently living together.

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Annexure A1 is the copy of the FIR. Annexure A2 is the copy of the final report in the above crime. Affidavit sworn in by the defacto complainant is also enclosed in page 15 of the file.

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Adv.V.A.Satheesh filed vakkalath for and on behalf of the defacto complainant. He also reports about the settlement arrived at between the parties.

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The learned Public Prosecutor produced copy of the report of the SHO, Payyavoor police station along with the copy of the signed statement of the defacto complainant.

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CRL.MC NO. 3098 OF 2021

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It has come out from the affidavit sworn in by the defacto complainant as well as the statement given to the SHO that the parties are now living together happily with their child and she has no complainant against the petitioner and has no objection in quashing the further proceedings against the petitioner.

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Since the entire matrimonial issues between the parties have been amicably settled, continuation of the proceedings against the petitioners would be an abuse of process of court.

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In the result, Crl.M.C. allowed and all further proceedings against the petitioner in C.C.No.86/2019 on the file of the Judicial First Class Magistrate Court, Taliparamba, which arose out of crime No.220/2018 of Payyavoor police station, is hereby quashed.

Sd/-

M.R.ANITHA

JUDGE

nkr

CRL.MC NO. 3098 OF 2021

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APPENDIX OF CRL.M.C.3098 OF 2021

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PETITIONER’S ANNEXURE

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ANNEXURE A1 TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.220/2018 OF PAYYAVOOR POLICE STATION ALONG WITH COMPLAINT

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ANNEXURE A2

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TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.220/2018 OF PAYYAVOOR POLICE STATION

Arun I.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Arun I.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

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