Quashed

Mahesh v. the Station House Officer

Kerala HC3 Nov 2021Crl.MC/3688/2021

Case brief

AI extract

What is this about?

This judgment quashes criminal proceedings against the petitioner husband in a dowry harassment case. The court observed that all issues between the parties were amicably settled out of court and they have been living separately for nine years, holding that further proceedings would be an abuse of process of court.

What did the court decide?

The entire further proceedings against the petitioner in C.C. No. 1994/2014 on the file of Judicial First Class Magistrate Court-II, Nedumangad are hereby quashed.

Mahesh Vs the Station House Officer — Dowry and Cruelty | 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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WEDNESDAY, THE 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943

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CRL.MC NO. 3688 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 1994/2014 OF JUDICIAL MAGISTRATE

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OF FIRST CLASS -II,NEDUMANGAD, THIRUVANANTHAPURAM

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PETITIONER/ACCUSED:

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MAHESH

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AGED 42 YEARS

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S/O. GOPI, MAHESH BHAVAN, CHERUKONAM, MANIKANDESWARAM, THIRUVANANTHAPURAM - 695013.

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BY ADV V.A.VINOD

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RESPONDENTS/COMPLAINANT/STATE AND DEFACTO COMPLAINANT:

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1 THE STATION HOUSE OFFICER VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM - 695013.

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2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31.

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3 DIVYA U.S AGED 33 YEARS D/O. SATHYAN, KATTAKKALIL VEEDU, KARATHARA, KARIPUR P.O, NEDUMANGAD, THIRUVANANTHAPURAM - 965541.

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BY ADV SHAKTHI PRAKASH

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PP SR. RENJIT GEORGE,SR.GP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. NO. 3688 OF 2021

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ORDER

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This Crl.M.C has been filed seeking to quash the entire proceedings against the petitioner in C.C. No. 1994/2014 on the file of Judicial First Class Magistrate Court-II, Nedumangad in Crime No. 936/2013 of Vattiyoorkavu Police Station. Petitioner is the sole accused in the above crime.

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The petitioner is the husband of the 3^rd respondent. It is alleged that, the petitioner used to physically and mentally harass the defacto complainant demanding more dowry and also misappropriated her gold ornaments which were given by the family of the 3^rd respondent as marriage gift and thereby the accused alleged to have committed the offence punishable under Sections 498A, 406 r/w 34 of IPC.

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Adv. Shakthi Prakash appeared on behalf of the defacto complainant and he reported about the settlement arrived at between the parties. Annexure-A is the certified copy of FIR, Annexure-II is the certified copy of the final report and Annexure III is the affidavit sworn in by the 3^rd respondent.

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The learned Public Prosecutor produced copy of the statement of the Station House Officer, Vattiyoorkavu Police Station along with the copy of the statement of the defacto complainant.

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Crl.M.C. NO. 3688 OF 2021

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Affidavit and the Statement of the defacto complainant would reveal that the entire issues between the petitioner and the defacto complainant have been amicably settled out of court and they are living separately for the last nine years.

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It has come out from the affidavit and also the statement of

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the defacto complainant recorded by the Station House Officer that the entire issues between the petitioner and the defacto complainant have been amicably settled out of court. Since all the issues between the parties have been amicably settled, the continuation of proceedings against the petitioner will be an abuse of process of court. In the said circumstances, the entire further proceedings against the petitioner in C.C. No. 1994/2014 on the file of Judicial First Class Magistrate Court-

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II, Nedumangad is hereby quashed.

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In the result, this Crl.M.C. stands allowed.

SD/-

M.R.ANITHA JUDGE

rps/

Crl.M.C. NO. 3688 OF 2021

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APPENDIX OF CRL.MC 3688/2021

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PETITIONER ANNEXURE

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Annexure I CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 936/2013. Annexure II CERTIFIED COPY OF THE FINAL REPORT IN C.C. NO. 1994/2014. Annexure III AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 18.03.2021.

Mahesh v. the Station House Officer

Case brief

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Mahesh v. the Station House Officer

Case brief

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