High Court of Kerala allowed the Criminal Miscellaneous Petition to quash proceedings under Section 498-A IPC read with Section 34 IPC filed against the petitioner-accused, wife of the defacto complainant, observing that the matrimonial issues were amicably settled.
Quashed the entire further proceedings in FIR and Final Report pending as C.C.No.1406/2018.
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 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
CRL.MC NO. 452 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1406/2018 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I, KAYAMKULAM
PETITIONER/ACCUSED:
ALBIJIN AGED 30 YEARS S/O. BADARKUTTY, BISMI MANZIL, KAPPIL EAST, KRISHNAPURAM P.O., ALAPPUZHA DISTRICT-690533. BY ADVS. R.RAJESH (VARKALA) SRI.M.KIRANLAL SRI.MANU RAMACHANDRAN SRI.T.S.SARATH SHRI.SAMEER M NAIR
RESPONDENTS/DEFACTO COMPLAINANT/STATE:
OTHER PRESENT:
PP RENJITH GEORGE, SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.452/2021
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O R D E R
This Crl.M.C. has been filed seeking to quash the entire further proceedings in Annexure A1 FIR and Annexure A2 Final Report in crime No.2017/2017 of Kayamkulam Police Station, Alappuzha district registered for offence punishable u/s.498-A r/w.34 IPC, which is now pending as C.C.No.1406/2018 on the file of the Judicial First Class Magistrate Court-I, Kayamkulam, Alappuzha.
Crl.M.C.Nos.452/2021
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third respondent – defacto complainant stating about the settlement of the dispute.
Crl.M.C.Nos.452/2021
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public interest is involved and the issue is purely personal in nature. Therefore, I am of the view that it is only just and proper to quash the entire proceedings in Annexure A1 FIR and Annexure A2 Final Report in crime No.2017/2017 of Kayamkulam Police Station, Alappuzha district which is now pending as C.C.No.1406/2018 on the file of the Judicial First Class Magistrate Court-I, Kayamkulam, Alappuzha. It is ordered accordingly.
In the result, Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
JUDGE
shg
Crl.M.C.Nos.452/2021
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| APPENDIX OF CRL.MC 452/2021 | |
|---|---|
| PETITIONER ANNEXURE | |
| ANNEXURE A1 | A TRUE COPY OF THE FIR IN CRIME NO.2017/2017 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, DATED 22/08/2017. |
| ANNEXURE A2 | A TRUE COPY OF THE FINAL REPORT IN CRIME NO.2017/2017 OF KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT WHICH NOW PENDING AS CC NO.1406/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KAYAMKULAM. |
| ANNEXURE A3 | THE TRUE COPY OF THE ORDER IN OP (MONEY) NO.969/2017. |
| ANNEXURE A4 | THE CERTIFIED COPY OF THE COMPROMISE PETITION. |
| ANNEXURE A5 | THE TRUE COPY OF THE AFFIDAVIT SWORN BY THE DE-FACTO COMPLAINANT. |
| ANNEXURE A6 | THE TRUE COPY OF THE ORDER IN CRL. MC NO.4469/2020 OF THE HON'BLE COURT. |
2 issues framed by the court
Whether the entire proceedings under Section 498-A IPC read with Section 34 IPC can be quashed upon settlement of matrimonial issues.
Whether the matter is a personal dispute involving no public interest.
1 provisions across 1 enactments
ALBIJIN
STATE OF KERALA
FATHIMA
M.R.ANITHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
