The petition for quashing proceedings under Section 482 Cr.P.C. in a case involving Section 498A IPC was dismissed. The court directed the petitioner to surrender within a week to move for personal exemption, with the pending non-bailable warrant kept in abeyance pending bail disposition.
Petition dismissed; petitioner to surrender; NBW kept in abeyance.
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 DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
CRL.MC NO. 4599 OF 2017
CR.NO. 957/15 OF CHIRAYINKEEZZH POLICE STATION IN CC 368/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III, ATTINGAL PETITIONER/ACCUSED:
ANSHA RAZAQ, AGED 31 YEARS S/O.M.A RAZAQ,KOOTAPPOO NABEES HOUSE,AMBOORI, NEYATTINKARA, THIRUVANANTHAPURAM
BY ADV SRI.LIJU. M.P
RESPONDENTS/DEFACTO COMPLAINANT & COMPLAINANT:
1 SHAFEENA, D/O. SHAHIDA, AGED 25, MALE THODIYIL HOUSE,MUDAPURAM, KIZHUVILAM, THIRUVANANTHAPURAM 695 104
PROSECUTORHIGH COURT OF KERALA,ERNAKULAM 682 031
BY ADVS.SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS
SRI. SANGEETHA RAJ PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4599/2017
-:2:-
O R D E R
Dated this the 6th day of July, 2022
This Crl.M.C has been filed to quash all further proceedings in C.C.No.368/2015 on the file of the Judicial First Class Magistrate Court-III, Attingal. The offence alleged against the petitioner is punishable under Section 498 A of IPC.
Crl.M.C.No.4599/2017
-:3:-
Crl.M.C is disposed of as follows:
(i) The petitioner shall surrender before the court below
within one week from today.
(ii) The bail application, if any, filed by the petitioner shall be allowed by the court below on such conditions as it deems fit
to impose.
(iii) Thereafter, the court below shall frame charge.
(iv) The petitioner is free to file an application seeking his
personal exemption. The said application shall be disposed of by the court below on imposing adequate conditions.
(v) The NBW now pending against the petitioner shall be
kept in abeyance till the bail application is disposed of by the
court below.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
Crl.M.C.No.4599/2017
-:4:-
APPENDIX OF CRL.MC 4599/2017
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO 957/15 OF CHIRAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 957/15 OF CHIRAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM
1 issue framed by the court
Whether the petition for quashing criminal proceedings under Section 482 Cr.P.C. should be allowed in view of the pending non-bailable warrant?
ANSHA RAZAQ
SHAFEENA
STATE OF KERALA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
