In a matrimonial offence case involving Sections 406 and 498A IPC, the Kerala High Court quashed criminal proceedings after finding the dispute settled amicably between the parties to prevent abuse of the process of court.
This Crl.M.C. is allowed and all further proceedings against the petitioners in CC No. 305/2020 are quashed.
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 MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Crl.MC.No.64 OF 2021(G)
AGAINST THE ORDER/JUDGMENT IN CC 305/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMKULAM
CRIME NO.214/2020 OF Kunnamkulam Police Station , Thrissur
PETITIONER/S:
1 ARISH RAJAN AGED 40 YEARS S/O. K.K. RAJAN, KALAPURAKKAL HOUSE, KARUVAN ROAD, CHIYYARAM P.O, THRISSUR, KERALA, PIN-680 026.
2 RAJAN,
AGED 72 YEARS S/O. KARAPPAN, KALAPPURAKKAL HOUSE, KARUVAN ROAD, CHIYYARAM P.O, THRISSUR, KERALA, PIN-680 026
3 LATHA,
AGED 66 YEARS W/O. RAJAN, KALAPPURAKKAL HOUSE, KARUVAN ROAD, CHIYYARAM P.O, THRISSUR, KERALA, PIN-680 026
BY ADVS.
SMT.JEENA JOSEPH SRI.G.DAMODARA PANICKER
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 SUB INSPECTOR OF POLICE, KUNNAMKULAM, THRISSUR DIST., PIN-680 503, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
3 JITHA RAJ, AGED 33 YEARS, D/O. T.K. RAJAN, THARAYIL HOUSE, ANAIKKAL, PORKOLANGAD P.O, KUNNAMKULAM, THRISSUR DIST., PIN-680 517
R3 BY ADV. SHRI.SANTHOSH P.PODUVAL R3 BY ADV. SMT.R.RAJITHA R3 BY ADV. SRI.R.N.SANDEEP R3 BY ADV. SMT.CHITHRA.S.BABU
OTHER PRESENT:
SRI.AJITH MURALI, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.64 OF 2021(G)
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No. 64 of 2021
Dated this the 15th day of February, 2021
O R D E R
Petitioners are the accused in CC No. 305/2020 on the file of the Judicial First Class Magistrate Court, Kunnamkulam. The above case is charge sheeted against the petitioners alleging offences punishable under Secs. 406, 498A r/w 34 of the IPC.
it is a matrimonial offence and the matter is
Crl.MC.No.64 OF 2021(G)
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already settled between the parties.
Hence, this Crl.M.C. is allowed. All further proceedings against the petitioners in CC No. 305/2020 on the file of the Judicial First Class Magistrate Court, Kunnamkulam are quashed.
Sd/- P.V.KUNHIKRISHNAN JUDGE
SKS
Crl.MC.No.64 OF 2021(G)
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A CERTIFIED COPY OF THE FIR NO. 214/2020 LODGED BY THE KUNNAMKULAM POLICE DATED 6.3.2020.
ANNEXURE A2 A CERTIFIED COPY FINAL REPORT OF THE KUNNAMKULAM POLICE DATED 30.04.2020.
ANNEXURE A3 A TRUE COPY OF THE RECEIPT FILED BEFORE THE FAMILY COURT, THRISSUR IN MC 475/2017 BY THE 3RD RESPONDENT DATED 11.12.2020.
ANNEXURE A4 A TRUE COPY OF THE RECEIPT FILED BY THE 3RD RESPONDENT BEFORE THE FAMILY COURT, THRISSUR IN OP NO. 879/2017 DATED 11.12.2020.
ANNEXURE A5 A TRUE COPY OF THE STATEMENT FILED BY THE 3RD RESPONDENT IN OP NO. 879/2017 DATED 11.12.2020 BEFORE THE FAMILY COURT , THRISSUR.
ANNEXURE A6 A TRUE COPY OF THE JOINT PETITION FILED BY THE 1ST PETITIONER AND 3RD RESPONDENT IN OP NO. 1946/2020
2 issues framed by the court
Whether the continuance of criminal proceedings against the petitioners constitutes an abuse of process of court in view of the out-of-court settlement.
Whether the matter requires the intervention of the Court to allow the quashing of the prosecution.
Colour shows how this judgement treated each authority
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ARISH RAJAN AND OTHERS
STATE OF KERALA
JITHA RAJ
P.V. KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
