Allowed

Arun, v. State of Kerala

Kerala HC9 Nov 2021Crl.MC/4109/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous Application seeking to quash proceedings under Sections 498A and 34 of IPC. The Court accepted that matrimonial issues were settled out of court and the parties had obtained a divorce decree, holding that further legal action would be an abuse of the process of the court.

What did the court decide?

Quashed entire further proceedings against the petitioners in Crime No.81/2021 of Parippally Police Station, Kollam.

Arun, Vs State of Kerala — Domestic Violence | 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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TUESDAY, THE 9^TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943

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CRL.MC NO. 4109 OF 2021

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CRIME NO.81/2021 OF PARIPPALLY POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED NO.2 AND 3:

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1 ARUN, AGED 30 YEARS S/O. RAJAN, CHARUVILA PUTHAN VEEDU VELAMANOOR KALLUVATHAUKKAL PARIPPALLY, KOLLAM.

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2 REMANI, AGED 56 YEARS S/O. RAJAN, CHARUVILA PUTHAN , S/O. RAJAN, VELAMANOOR, KALLUVATHAUKKAL PARIPPALLY, KOLLAM.

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3 MINI, AGED 50 YEARS CHARUVILA PUTHAN , S/O. RAJAN,VELAMANOOR, KALLUVATHAUKKAL PARIPPALLY, KOLLAM.

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BY ADV M.R.SASITH

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RESPONDENTS/DEFACTO COMPLAINANT:

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

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2 VAISHNAVI, AGED 21 YEARS D/O. THANKAMANI, SARASWATY MANDIRAM, ALAMCODE, ATTINGAL, VANCHIYOOR , THIRUVANANTHAPURAM 695 035. BY ADV VIDYA G NAIR

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PP SANGEETHARAJ.N.R

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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09.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Cr.M.C.No.4109 of 2021

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ORDER

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Dated this the 9^th day of November, 2021

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This Crl.M.C. has been filed seeking to quash the entire

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further proceedings against the petitioners in Crime No.81/2021 of Parippally Police Station, which has been registered under Section 498A r/w Section 34 of IPC. First petitioner is the husband and other petitioners are in-laws of the defacto complainant/2^nd respondent.

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Annexure-A1 is the certified copy of the FIR and Annexure-A2 is the notary attested affidavit duly sworn in by the defacto complainant/2^nd respondent.

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Adv.Vidya G. Nair, appeared on behalf of the defacto complainant and reports about the settlement arrived at between the parties.

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Learned Public Prosecutor produced the copy of the report of the SHO along with the copy of the signed statement of the defacto complainant.

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It has come out from the affidavit as well as the statement recorded by the SHO that the entire matrimonial issues between the petitioners and the defacto complainant

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Cr.M.C.No.4109 of 2021

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have been amicably settled out of court. The defacto complainant/2^nd respondent does not intend to prosecute the matter further against the petitioners.

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Since the entire matrimonial issues between the petitioners and the defacto complainant have been amicably settled out of court, continuation of the proceedings against the petitioners would be an abuse of process of court. It has also come out that the marital relationship has also been separated by decree of divorce.

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In the result, Crl.M.C. allowed, and entire further proceedings against the petitioners in Crime No.81/2021 of Parippally Police Station, Kollam, is hereby quashed.

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Hence, the Crl.M.C. allowed as above.

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Sd/M.R.ANITHA JUDGE

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SMF

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Cr.M.C.No.4109 of 2021

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APPENDIX OF CRL.MC 4109/2021

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PETITIONER'S ANNEXURE

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Annexure A1 TRUE COPY OF FIR NO. 81/2201 OF SASTHAMCOTTA POLICE STATION, KOLLAM.

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Annexure A2 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

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//TRUE COPY//

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PA TO JUDGE

Arun, v. State of Kerala

Case brief

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Arun, v. State of Kerala

Case brief

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