Allowed

Shon Panicker v. State of Kerala

Kerala HC25 Nov 2022Crl.MC/875/2021

Case brief

AI extract

What is this about?

High Court allowed criminal miscellaneous petitions to quash proceedings in Cases CC No. 1361 of 2020 involving allegations of cruelty under Section 498A IPC. Court held that complete settlement between matrimonial parties justifies quashing proceedings under Section 482 CrPC as no public interest is adversely affected.

What did the court decide?

All further proceedings in C.C. No. 1361 of 2020 are quashed in the filed Criminal Miscellaneous Cases.

Shon Panicker Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 25^TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,

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1944

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CRL.MC NO. 875 OF 2021

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CC.NO.1361/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS

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COURT -I, KOTTARAKKARA

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PETITIONER/3RD ACCUSED:

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SHON PANICKER, AGED 37 YEARS S/O.LATE K.K.KOSHY PANICKER, KUZHIKKALAZHIKATHU VEEDU, VOLVO VILLA, IRUMPANANGADU P.O., KOLLAM DISTRICT 691 505

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BY ADVS. LIJU.V.STEPHEN SMT.INDU SUSAN JACOB

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 ANN SUSAN LUKE AGED 35 YEARS, D/O.MRS. SUSAN LUKOSE, T.C.3/509, PUTHENVILA VEEDU, GANDHISMARAKA NAGAR, MUTTADA P.O., THIRUVANANTHAPURAM 695 025.

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BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL

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OTHER PRESENT:

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SMT T V NEEMA -SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.11.2022, ALONG WITH CRL.MC.NOS.3107/2021 AND 7428/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 875 OF 2021 & connt. cases

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..2..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 25^TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,

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1944

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CRL.MC NO. 3107 OF 2021

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CC.NO.1361/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS

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COURT -I, KOTTARAKKARA

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PETITIONER/1ST ACCUSED:

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SHERRY KOSHY PANICKER, AGED 37 YEARS S/O. LATE K.K. KOSHY PANICKER, KUZHIKKALAZHIKATHU VEEDU, VOLVO VILLA IRUMPANANGADU P.O., KOLLAM DISTRICT 691 505. BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 ANN SUSAN LUKE AGED 35 YEARS, D/O.MRS. SUSAN LUKOSE, T.C.3/509, PUTHENVILA VEEDU, GANDHISMARAKA NAGAR, MUTTADA P.O., THIRUVANANTHAPURAM 695 025.

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BY ADVS. R.SUNIL KUMAR A.SALINI LAL, SMT T V NEEMA -SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.11.2022, ALONG WITH CRL.MC.NO.875/2021 AND 7428/2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 875 OF 2021 & connt. cases

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..3..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 25^TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA,

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1944

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CRL.MC NO. 7428 OF 2022

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CC.NO.1361/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS

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COURT -I, KOTTARAKKARA

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PETITIONERS/3RD AND 4 TH ACCUSED:

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1 NISSI KOSHY AGED 65 YEARS W/O. LATE K.K. KOSHY PANICKER KUZHIKKALAZHIKATHU VEEDU, VOLVO VILLA, IRUMPANANGADU.P.O., KOLLAM DISTRICT, PIN - 691505

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2 REEJA JOSEPH AGED 35 YEARS W/O. SHON PANICKER KUZHIKKALAZHIKATHU VEEDU, VOLVO VILLA, IRUMPANANGADU.P.O., KOLLAM DISTRICT PRESENTLY AT UNIT 2/6 GLENCOE STREET, KENNINGTON, VICTORIA 3550, AUSTRALIA, PIN - 691505

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BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB

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RESPONDENTS/STATE & DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,

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CRL.MC NO. 875 OF 2021 & connt. cases

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..4..

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ERNAKULAM, PIN - 682031

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2 ANN SUSAN LUKE AGED 37 YEARS D/O. MRS. SUSAN LUKOSE, T.C. 3/509, PUTHENVILA VEEDU, GANDHISMARAKA NAGAR, MUTTADA.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695025 BY ADVS. R.SUNIL KUMAR A.SALINI LAL(K/1486/1999) SRI.P.G.MANU, SR.P.P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.11.2022, ALONG WITH CRL.MC.875/2021 AND 3107/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 875 OF 2021 & connt. cases

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O R D E R

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All these Crl.M.Cs. have been preferred to quash all further proceedings in C.C.No.1361 of 2020 on the

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files of the Judicial First Class Magistrate Court-I, Kottarakkara.

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2 . During the pendency of the above Crl.M.Cs.,

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the entire matter has been settled between the parties.

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The petitioners are the accused Nos.1 to 4.

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The 2^nd respondent is the de facto complainant in all these Crl.M.Cs..

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The offences alleged against the petitioners

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are punishable under Sections 498A r/w 34 of IPC

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The de facto complainant in all the cases

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entered appearance through counsel. An affidavit sworn in by her is also produced.

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I have heard Sri.Liju.V.Stephen, the learned counsel for the petitioners, Sri.R.Sunil Kumar, the learned counsel for the de facto complainant and

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CRL.MC NO. 875 OF 2021 & connt. cases

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Smt.T.V.Neema, the learned Senior Public Prosecutor in Crl.M.C.Nos.875 & 3107 of 2021 and Sri.P.G.Manu, the learned Senior Public Prosecutor in

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Crl.M.C.No.7428 of 2022.

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The averments in the petition as well as the affidavit sworn in by the de facto complainant would show that the entire dispute between the parties has

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been amicably settled and the de facto complainant has decided not to proceed with the criminal proceedings further. The de facto complainant is personally present before this Court and she submitted that the matter has been settled.

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The Apex Court in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], Narinder Singh and Others v. State of Punjab and Others [(2014) 6 SCC 466] and in State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] has held that the High Court by invoking S.482 of Cr.P.C can quash criminal proceedings in relation to non compoundable offence

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CRL.MC NO. 875 OF 2021 & connt. cases

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where the parties have settled the matter between themselves notwithstanding the bar under S.320 of Cr.P.C. if it is warranted in the given facts and circumstances of the case or to ensure the ends of justice or to prevent abuse of process of any Court.

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The dispute in the above cases is purely personal in nature. No public interest or harmony will be adversely affected by quashing the proceedings pursuant to all further proceedings in C.C.No.1361 of 2020 on the files of the Judicial First Class Magistrate Court-I, Kottarakkara. The offences in question do not fall within the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).

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For the reasons stated above, I am of the view that no purpose will be served in proceeding with the matter any further. Accordingly, these Crl.M.Cs. are

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CRL.MC NO. 875 OF 2021 & connt. cases

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allowed. All further proceedings in C.C.No.1361 of 2020 on the files of the Judicial First Class Magistrate Court-I, Kottarakkara hereby stands quashed.

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Sd/- DR.KAUSER EDAPPAGATH , JUDGE

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CRL.MC NO. 875 OF 2021 & connt. cases

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APPENDIX OF CRL.MC 875/2021

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PETITIONER'S ANNEXURES:

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ANNEXURE A1 A TRUE COPY OF THE PETITION FOR REALIZATION OF MONEY AND FOR RETURN OF GOLD ORNAMENTS FILED BEFORE THE HON'BLE FAMILY COURT, THIRUVANANTHAPURAM BY THE 2ND RESPONDENT DATED 15.12.2018 AS OP NO.2839/2018.

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ANNEXURE A2 A TRUE COPY OF THE APPLICATION FILED UNDER SECTION 12 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM DATED 29.12.2018 AS M.C.NO.79/2018.

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ANNEXURE A3 A TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM DATED AUGUST, 2019 AS CMP NO.3940/2019.

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ANNEXURE A4 A CERTIFIED COPY OF THE FIR NO.1777/2019 DATED 2.8.2019 LODGED BEFORE PEROORKADA POLICE STATION, THIRUVANANTHAPURAM CITY.

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ANNEXURE A5 A CERTIFIED COPY OF THE FINAL REPORT IN CC. 1361/2020 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOTTARAKARA DATED 24.8.2019.

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ANNEXURE A6 A TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 17/08/2022 ENTERED BETWEEN THE PETITIONER'S BROTHER AND HIS WIFE

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ANNEXURE A7 A TRUE COPY OF THE AFFIDAVIT DATED 17-8-2022 SWORN BY THE 2ND RESPONDENT

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CRL.MC NO. 875 OF 2021 & connt. cases

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APPENDIX OF CRL.MC 3107/2021

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PETITIONER'S ANNEXURES:

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ANNEXURE A3 A TRUE COPY OF THE OBJECTION FILED BY THE COUNTER PETITIONER IN M.C. NO. 79/2018 DATED 16.10.2020.

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ANNEXURE A4 A TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM DATED AUGUST, 2019 AS CMP NO.3940/2019.

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ANNEXURE A5 A CERTIFIED COPY OF THE FIR NO.1777/2019 DATED 2.8.2019 LODGED BEFORE PEROORKADA POLICE STATION, THIRUVANANTHAPURAM CITY.

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ANNEXURE A6 A TRUE COPY OF THE FINAL REPORT IN CC. 1361/2020 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE CORUT-1, KOTTARAKKARA DATED 02.07.2020.

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ANNEXURE A7 A TRUE COPY OF THE SETTLEMENT AGREEMENT DATED 17/08/2022 ENTERED BETWEEN THE PETITIONER AND HIS WIFE ANNEXURE A8 A TRUE COPY OF THE AFFIDAVIT DATED 17-8-2022 SWORN BY THE 2ND RESPONDENT

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CRL.MC NO. 875 OF 2021 & connt. cases

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APPENDIX OF CRL.MC 7428/2022

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PETITIONERS' ANNEXURES

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ANNEXURE A1 CERTIFIED COPY OF THE THE FIR NO. 1329/2019 DATED 24.8.2019 LODGED BEFORE EZHUKONE POLICE STATION, KOLLAM RURAL

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ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CC.1361/2020 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOTTARAKARA DATED 24.08.2019