The High Court of Kerala quashed criminal proceedings under various sections of the IPC against petitioners accused in a matrimonial dispute, allowing settlement to defeat public interest. Order dated 05-05-2023.
All further proceedings in CC No.2933/2014 against the petitioners 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 GOPINATH P.
FRIDAY, THE 5TH DAY OF MAY 2023 / 15TH VAISAKHA, 1945
CRL.MC NO. 1484 OF 2022
IN CC NUMBER 2933/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM
FIR 1377/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM PETITIONERS/ACCUSED NOS.1 TO 5:
1 KRISHNA DASAGED 51 YEARS, S/O.PADMANABHAN, RESIDING AT
PAVARAZHIKOM VEETIL THEKKUMCHERRY, MAYYANAD,
KOLLAM -691 571.
2ATUL DAS
AGED 29 YEARS, S/O. DEVADAS, RESIDING AT
REVATHY , THEKKUMKARA CHERRY,
MAYYANAD-691 571.
3 SUNILAGED 42 YEARS, S/O.PADMANABHAN, RESIDING AT
PAVARAZHIKOM, THEKKUMKARA CHERRY, MAYANNAD,
KOLLAM-691 571.
4SUNIL
AGED 31 YEARS, S/O.SHADEVAN, RESIDING AT
BINDHU MANDIRAM, SNG NAGAR 76, MULLUVILA CHERRY,
MAYYANADU, KOLLAM-691 021.
5CHANDRADAS
AGED 59 YEARS, S/O.PADMANABHAN, RESIDING AT
PAVARAZHIKOM, THEKKUMKARA CHERRY,
MAYANNAD, KOLLAM -691 571.
BY ADV R.KISHORE (KALLUMTHAZHAM)
RESPONDENTS/STATE/DE-FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.2 STATION HOUSE OFFICER ERAVIPURAM POLICE STATION, KOLLAM, PIN – 691 011.Crl.MC NO.1484 OF 2022 2
3ANANTHU J SHAR
AGED 39 YEARS, S/O.SHARDAMU, RESIDING AT
SURABHI NAGAR-133, SHARON, NEAR POWER HOUSE,
VADAKKEVILA, KOLLAM-691 010.
4SHERDAMU
AGED 72 YEARS, S/O.DHAMU,
RESIDING @ SURABHI NAGAR -133, SHARON,
NEAR POWER HOUSE, VADAKKEVILA, KOLLAM- 691 010.
5JAYANTHI
AGED 58 YEARS, W/O.SHERDAMU,
RESIDING @ SURABHI NAGAR- 133, SHARON, NEAR POWER
HOUSE, VADAKKEVILA, KOLLAM- 691010.
BY ADVS.
R.NIKHIL
JANI A
SANAL P RAJ (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC NO.1484 OF 2022 3
ORDER
Petitioners are accused Nos.1 to 5 in Crime No.1377/2014 of Eravipuram Police Station, now pending as C.C No.2933/2014 on the file of the Judicial First Class Magistrate Court-II, Kollam, alleging commission of offences punishable under Sections 143, 147, 451, 341, 323, 506(1), 427, 149 of the Indian Penal Code. The Crime was registered at the instance of the 3rd respondent (de facto complainant). Additional respondents 4 and 5 are stated to be parents of the 3rd respondent.
Crl.MC NO.1484 OF 2022 4
Having heard the learned counsel for the petitioners, learned Public Prosecutor and the learned counsel appearing for respondents 3 to 5, I am of the view that public interest will not be defeated if proceedings against the petitioners are quashed on the basis of settlement. Accordingly all further proceedings in C.C No.2933/2014 on the file of the Judicial First Class Magistrate Court-II, Kollam, as against the petitioners will stand quashed.
Sd/- GOPINATH P. JUDGE
ats
Crl.MC NO.1484 OF 2022 5
APPENDIX OF CRL.MC 1484/2022
PETITIONERS’ ANNEXURES
Annexure-1THE COPY OF THE FIR IN CRIME NUMBERED AS 1377/2014
OF ERAVIPURAM POLICE STATION, KOLLAM DATED
07.09.2014
Annexure-2THE CERTIFIED COPY OF THE FINAL REPORT IN CC
NUMBERED AS 2933/2014 DATED 15.10.2014
Annexure-3THE TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 3RD
RESPONDENT DATED 18.02.2022
1 issue framed by the court
Whether criminal proceedings against petitioners in a matrimonial dispute can be quashed on the basis of settlement.
1 provisions across 1 enactments
Krishna Das
Atul Das
Sunil
Sunil
Chandradas
State of Kerala Represented by Public Prosecutor
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court