Allowed

Radhesh V.V. v. Anupama Gopi

Kerala HC24 Nov 2021Crl.MC/5159/2021

Case brief

AI extract

What is this about?

The Court quashed criminal proceedings under 498(A), 354(A), 34 IPC following a settlement. Petitioners (accused) and the complainant settled matrimonial issues; the complainant requested quashing her protest, finding continued proceedings an abuse of process.

What did the court decide?

The entire criminal proceedings in C.C. No. 2589/2020 before the Judicial First Class Magistrate Court, Payyannur, were quashed.

Radhesh V.V. Vs Anupama Gopi — 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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WEDNESDAY, THE 24^TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

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CRL.MC NO. 5159 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CC 2589/2020 OF JUDICIAL MAGISTRATE OF FIRST

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CLASS ,PAYYANNUR

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PETITIONER/ACCUSED NO.1 TO 4:

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1 RADHESH V.V. AGED 32 YEARS S/O KARUNAKARAN, NADAKKAL HOUSE, ERIPURAM, EZHOME AMSOM, PAZHAYANGADI.P.O, KANNUR DISTRICT, PIN 670358.

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2 KARUNAKARAN.M.V, AGED 62 YEARS S/O GOVINDAN, NADAKKAL HOUSE, ERIPURAM, EZHOME AMSOM, PAZHAYANGADI.P.O, KANNUR DISTRICT,PIN-670358.

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3 RAMANI.V.V, AGED 58 YEARS W/O.KARUNAKARAN, NADAKKAL HOUSE, ERIPURAM, EZHOME AMSOM, PAZHAYANGADI.P.O, KANNUR DISTRICT,PIN-670358.

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4 RESMA.V.V, AGED 35 YEARS W/O SAJITH, PALLICHAL HOUSE, MANIYOOR, CHEKKIKKULAM AMSOM, PAZHAYANGADI.P.O, KANNUR DISTRICT,PIN-670358. BY ADV P.S.BINU

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RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1 ANUPAMA GOPI,AGED 28 YEARS, D/O.P.K.GOPI, “GOPI VILLA”, CHOORIKKAD, MADAYI AMSOM, VENGARA.P.O, KANNUR DISTRICT, PIN-670305.

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2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. BY ADV K.SEENA

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OTHER PRESENT:

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PP SANGEETHARAJ,N.R

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.11.2021,

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THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.5159 of 2021 2

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O R D E R

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This Crl.M.C. has been filed seeking to quash the entire further proceedings in C.C.No.2589/2020 on the file of the Judicial First Class Magistrate Court, Payyannur in crime No.376/2020 of Pazhyangadi Police Station, which is registered for the offences punishable u/s.498(A), 354(A), (I)(iv) r/w. 34 IPC.

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Petitioners are accused Nos. 1 to 4 in the above crime. First petitioner is the husband of the defacto complainant - 1^st respondent and the other petitioners are the close relatives of the 1^st petitioner. It is submitted by the learned counsel for the petitioners that the matrimonial issues between the petitioners and 1^st respondent – defacto complainant have been amicably settled. Annexure I is the copy of Final Report in the above crime. Annexure II is the affidavit duly sworn in by the first respondent – defacto complainant stating about the settlement of the dispute.

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Adv.Smt. K. Seena appeared on behalf of the 1^st respondent - defacto complainant and reported about the settlement arrived at between the parties.

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

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Crl.M.C.No.5159 of 2021 3

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complainant.

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It has come out from Annexure II affidavit duly sworn in by the defacto complainant as well as the statement given by her to the SHO that the entire matrimonial issues between the petitioners and the defacto complainant have been amicably settled and presently they are separated and she is not intending to prosecute the matter further against the petitioners and she has no objection in quashing the proceedings against them.

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Since the parties have settled the entire matrimonial issues, there is no impediment in quashing the proceedings against the petitioners and further continuance of the proceedings against them will be an abuse of process of law. No 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 C.C.No.2589/2020 on the file of the Judicial First Class Magistrate Court, Payyannur in crime No.376/2020 of Pazhyangadi Police Station. It is ordered accordingly.

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

Sd/-

M.R.ANITHA JUDGE

shg

Crl.M.C.No.5159 of 2021 4

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APPENDIX OF CRL.MC 5159/2021

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PETITIONER ANNEXURE Annexure I CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.376/2020 OF PAZHAYANGADI POLICE STATION. Annexure II SWORN AFFIDAVIT OF 1ST RESPONDENT.

Radhesh V.V. v. Anupama Gopi

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Radhesh V.V. v. Anupama Gopi

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