High Court quashed criminal proceedings against petitioners accused under Section 498A IPC on the ground that the matter had been settled amicably and no public interest would be served by continuing the litigation.
All proceedings against petitioners in CC No.902/2022 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 BECHU KURIAN THOMAS
FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945
CRL.MC NO. 2186 OF 2023
AGAINST THE ORDER/JUDGMENT, CC 902/2022 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I, PALAKKAD
PETITIONERS/ACCUSED NOS.1-4:
1VINEETH
AGED 32 YEARS
S/O NARAYANAN, NARAYANA NILAYAM, KIZHUPILLIKARA
P.O,THRISSUR DISTRICT, PIN – 680 702.
2SUMATHY
AGED 65 YEARS
W/O. NARAYANAN, NARAYANA NILAYAM, KIZHUPILLIKARA P.O,
THRISSUR DISTRICT, PIN – 680 702.
3SREEJA
AGED 38 YEARS
W/O.ABHILASH, NARAYANA NILAYAM, KIZHUPILLIKARA P.O,
THRISSUR DISTRICT., PIN – 680 702.
4DEEPA
AGED 37 YEARS
D/O NARAYANAN, NARAYANA NILAYAM, KIZHUPILLIKARA
P.O,THRISSUR DISTRICT, PIN – 680 702.
BY ADV ANWIN JOHN ANTONY
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM. PIN – 682 031.(REPRESENTING THE
STATION HOUSE OFFICER, KOTTAYI POLICE STATION).
Crl.M.C. No.2186 of 2023
2
2ARATHY
AGED 27 YEARS
D/O KRISHNAN, PUTHANTHODI HOUSE,
ANIKODE,KARIYANKODE P.O, MATHUR, PALAKKAD
DISTRICT, PIN – 678 572.
BY ADV GEORGIE JOHNY
PUBLIC PROSECUTOR - SRI. G SUDHEER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.07.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No.2186 of 2023
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BECHU KURIAN THOMAS, J.
==================== Crl.M.C. No.2186 of 2023
===================== Dated this the 21st day of July, 2023
ORDER
Petitioners have invoked the jurisdiction under Section 482 Cr.P.C to quash all proceedings against them.
[(2012) 10 SCC 303], the Apex Court has held that in appropriate
Crl.M.C. No.2186 of 2023
4
cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653].
This Crl.M.C is allowed as above.
Sd/-
BECHU KURIAN THOMAS
Rvm
Crl.M.C. No.2186 of 2023
5
APPENDIX OF CRL.MC 2186/2023
PETITIONER ANNEXURES
Annexure -ITRUE COPY OF THE COMPLAINT DATED 18.07.2022
FILED BY THE 2ND RESPONDENT BEFORE THE
INSPECTOR OF POLICE, PALAKKAD.
Annexure -IITRUE COPY OF THE REPORT DATED 27.07.2022
ISSUED FROM THE VANITHA CELL, PALAKKAD.
Annexure -IIITRUE COPY OF THE LAWYER NOTICE DATED
10.08.2022 ISSUED ON BEHALF OF THE 1ST
PETITIONER TO THE 2ND RESPONDENT.
Annexure -IVCERTIFIED COPY OF THE F.I.R DATED 01.09.2022
IN CRIME NO.378 OF 2022 OF KOTTAYI POLICE
STATION ALONG WITH THE F.I.S.
Annexure -VTRUE COPY OF THE FINAL REPORT DATED
16.10.2022 IN CRIME NO. 378 OF 2022 OF
KOTTAYI POLICE STATION.
3 issues framed by the court
Whether criminal proceedings against petitioners accused under Section 498A IPC should be quashed.
Whether the settlement between the parties justifies quashing the proceedings under Section 482 Cr.P.C.
Whether discontinuance of proceedings serves any public interest here.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherExplained¶32
Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303] · Who else cites this
Narinder Singh and Others v. State of Punjab and AnotherExplained¶36
Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] · Who else cites this
Yogendra Yadav and Others v. State of Jharkhand and AnotherExplained¶36
Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653] · Who else cites this
1 provisions across 1 enactments
Vineeth & ors.
Arathy
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Bechu Kurian Thomas
Parties & counsel