The Kerala High Court quashed criminal proceedings involving the first petitioner, his wife, and parents on charges of cheating and cruelty after finding that the domestic dispute had been amicably settled and no grievance remained.
The criminal complaint proceedings in C.C. No. 496/2019 were 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 V.G.ARUN
MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942
Crl.MC.No.781 OF 2021(G)
CC 496/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA
CRIME NO.542/2019 OF Aluva Police Station , Ernakulam
PETITIONER/S:
S/O.V.P.ASLAM,VELLAPPALLIPARAMBIL HOUSE, ERATTUPETTA,KOTTAYAM-686121.
2 V.P.ASLAM, AGED 65 YEARS VELLAPPALLIPARAMBIL HOUSE,ERATTUPETTA, KOTTAYAM-686121.
3 HAZEENA,
AGED 62 YEARS W/O.V.P.ASLAM,VELLAPPALLIPARAMBIL HOUSE, ERATTUPETTA,KOTTAYAM-686121.
BY ADVS.
SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI
RESPONDENT/S:
Crl.MC.No.781 OF 2021(G)
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EDAYAPURAM,ALUVA-683101.
R2 BY ADV. P.A.MOHAMMED SHAH
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.781 OF 2021(G)
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ORDER
Dated this the 15th day of March, 2021
Petitioners are the accused in Crime No.542
of 2019 registered at the Aluva East Police Station for offences punishable under Sections 415, 417 and 498A of IPC, now pending as C.C.No.496 of 2019 on the files of the Judicial First Class Magistrate Court-I, Aluva. The second respondent is the first petitioner's wife. Petitioners 2 and 3 are the father and mother of the first petitioner. While the husband and the wife were living together in the matrimonial home, disputes arose between them, leading to registration of the crime at the instance of the second respondent. Annexure A2 affidavit has been filed by the second respondent stating that the matrimonial dispute which led to registration of the crime, has been settled amicably and she has
Crl.MC.No.781 OF 2021(G)
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no subsisting grievance in the matter.
2. Heard the learned Public Prosecutor also,
who, on instructions, submits that the petitioners have no criminal antecedents.
3. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit filed by second respondent, the contents of which are submitted to be true and voluntary, I am satisfied that the matter has been amicably settled and that no public interest is involved in this matter. Moreover, in view of the settlement, possibility of the criminal proceedings ending in conviction
is remote. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582]
Crl.MC.No.781 OF 2021(G)
and Gian Singh v. State of Punjab and another [(2012) 10 SCC 303], there is no impediment in granting the relief.
In the result, this Crl.M.C is allowed. The proceedings in C.C.No.496 of 2019 on the files of the Judicial First Class Magistrate Court-I,
Aluva, is quashed.
sd/-
V.G.ARUN JUDGE
Scl/15.03.2021
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE COPY OF THE FINAL REPORT. ANNEXURE A2 THE COPY OF THE AFFIDAVIT.
2 issues framed by the court
Whether criminal proceedings regarding a matrimonial dispute can be quashed due to an out-of-court settlement.
Whether the continuation of proceedings would amount to an abuse of court process.
Colour shows how this judgement treated each authority
Madan Mohan Abbot v. State of PunjabApplied¶38
Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] · Who else cites this
Gian Singh v. State of PunjabApplied¶38
Gian Singh v. State of Punjab and another [(2012) 10 SCC 303] · Who else cites this
Asif Aslam
V.P. Aslam
Hazeena
State of Kerala
Roshna Fathima
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
