Allowed

Sivaprasad v. State of Kerala

Kerala HC3 Nov 2021Crl.MC/3943/2021

Case brief

AI extract

What is this about?

This Criminal Misc. Case sought to quash criminal proceedings under various IPC sections against the petitioner accused of dowry harassment and theft. The Court held that since the issues were settled amicably and the parties had also filed for divorce, continuing proceedings would be an abuse of process. The petition was allowed, and the proceedings were quashed.

What did the court decide?

The entire further proceedings against the petitioner in Crime No. 1048/2020 of Wadakkancherry Police Station are quashed.

Sivaprasad Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE M.R.ANITHA

¶4

WEDNESDAY, THE 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943

¶5

CRL.MC NO. 3943 OF 2021

¶6

INRESPECT OF CRIME NO. 1048/2020 OF THE WADAKKANCHERRY POLICE

¶7

STATION FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT,

¶8

WADAKKANCHERRY

¶9

PETITIONER/ACCUSED:

¶10

SIVAPRASAD

¶11

AGED 65 YEARS S/O. SEKHARAN VAIDYAR, PALANTHARA HOUSE, MUHAMMA P.O., ALAPPUZHA-688 525

¶12

BY ADVS. J.OM PRAKASH T.S.BHARATH KRISHNA

¶13

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

¶14

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

¶15

2 PADMAM @ PADMA K.A. AGED 58 YEARS

¶16

D/O. ACHUTHAN, RESIDING AT KUNNATHULLY HOUSE, ENGAKKAD VILLAGE, KUMARANELLOOR P.O., PARUTHIPRA, THALAPPILLY TALUK, THRISSUR DISTRICT-680 590

¶17

BY ADV C.X.ANTONY BENEDICT

¶18

PP SANGEETHARJ.N.R

¶19

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

¶20

Crl.M.C. NO. 3943 OF 2021

¶21

¶22

ORDER

¶23

This Crl.M.C has been filed seeking to quash the entire proceedings against the petitioner in Crime No. 1048/2020 of Wadakkancherry Police Station, which has been registered alleging offence punishable under Sections 498A, 406, 420, 506 and 294(b) of IPC. Petitioner is the sole accused in the above crime.

¶24

petitioner is the husband of the 2^nd respondent. Their marriage was solemnized on 04.12.2008. It is alleged that, the petitioner failed to return the 50 sovereigns of gold and Rs. 50,000/which were given by the family of the 2^nd respondent as marriage gift and the petitioner tortured her demanding more dowry and thereby the petitioner alleged to have committed the aforementioned offence.

¶25

Adv. C.X. Antoney Bendict 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 B is the affidavit sworn in by the 2^nd respondent.

¶26

The learned Public Prosecutor produced copy of the statement of the Station House Officer, Wadakkanchery Police Station along with the copy of the statement of the defacto complainant. Affidavit and the Statement of the defacto complainant would reveal that the entire issues between the petitioner and the defacto

¶27

Crl.M.C. NO. 3943 OF 2021

¶28

¶29

complainant have been amicably settled out of court. The petitioner and the 2^nd respondent together filed a join petition for divorce before the Family Court, Thrissur as O.P. No. 1300/2021 and the same was allowed on 18.08.2021.

¶30

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

¶31

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 Crime No. 1048/2020 of Wadakkancherry Police Station is hereby quashed.

¶32

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

SD/-

M.R.ANITHA JUDGE

rps/

Crl.M.C. NO. 3943 OF 2021

¶37

¶38

APPENDIX OF CRL.MC 3943/2021

¶39

PETITIONER ANNEXURE

¶40

Annexure A CERTIFIED COPY OF HE FIRST INFORMATION REPORT IN CRIME NO.1048/2020 DATED 04.11.2020 OF WADAKKANCHERRY POLICE STATION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, WADAKKANCHERRY Annexure B TRUE COPY OF THE AFFIDAVIT OF THE DEFACTO COMPLAINT DATED 18.08.2021

Sivaprasad v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sivaprasad v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ujesh.C. Vs State of Kerala

Malayathodi Sankaran @ Sankarankutty, (Died)(Lrs Impleaded) Vs Malayathodi Gopalakrishnan

Malayathodi Sankaran @ Sankarankutty (Died) (Lrs Impleaded) Vs Malayathodi Gopalakrishnan

Harikrishnan Vs State of Kerala

N.Abdul Gafoor Vs State of Kerala

Mahesh Vs the Station House Officer