Allowed

Sreeram Ojas v. State of Kerala

Kerala HC5 May 2023Crl.MC/2651/2023

Case brief

AI extract

What is this about?

The High Court of Kerala at Ernakulam, in a criminal miscellaneous case, quashed proceedings under Sections 498A, 294(b), and 506 IPC against the petitioner. The Court relied on a confirmed settlement agreement between the spouses and pending divorce proceedings under Section 13B of the Hindu Marriage Act.

What did the court decide?

Petition allowed; Criminal Case C.C.No.1567 of 2022 against the petitioner is quashed; all further proceedings stand quashed as against the petitioner.

Sreeram Ojas Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶4

FRIDAY, THE 5TH DAY OF MAY 2023 / 15TH VAISAKHA, 1945

¶5

CRL.MC NO. 2651 OF 2023

¶6

AGAINST THE ORDER/JUDGMENTCC 1567/2022 OF JUDICIAL MAGISTRATE OF

¶7

FIRST CLASS - I, KARUNAGAPPALLY

¶8

PETITIONER/ACCUSED:

¶9

SREERAM OJAS
AGED 26 YEARS

¶10

S/O OJAS M K, MEENEKODATH HOUSE, PETTAH GHANDHI SQUARE
ROAD, POONITHURA P.O., ERNAKULAM DISTRICT,
PIN – 682038.

¶11

BY ADVS.
K.R.RAJKUMAR
JAGADEESH LAKSHMAN

¶12

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

¶13

1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682031.

¶14

2SRUTHI S
AGED 24 YEARS
W/O SREERAM OJAS AND D/O PUSHPAN C, KARTHIKA,
PADA NORTH, KARUNAGAPPALLY, KOLLAM, PIN – 690518.
BY ADVS.
S.JUSTUS
M.N.VEDARAJ(K/624/2006)
SWARAJ P.S.(K/1074/2013)

¶15

SRI.G SUDHEER, PP

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

CRL.MC NO. 2651 OF 2023 2

¶18

ORDER

¶19

The petitioner is the accused in Crime No.492 of 2022 of the Karunagapally Police Station, Kollam which is registered alleging commission of offences under Sections 498 A, 294(b) and 506 of the Indian Penal Code. The case is now pending as C.C.No.1567 of 2022 on the files of the Judicial First Class Magistrate Court - I, Karunagappally.

¶20

The learned counsel appearing for the petitioner would submit that the case arouse on account of a matrimonial dispute between the petitioner and the 2^nd respondent (de facto complainant). It is submitted that all the issues between the petitioner and the 2^nd respondent have been settled as is evident from Annexure A2, which is the memorandum of settlement entered into in civil proceedings between the petitioner and the 2^nd respondent.

¶21

Heard the learned Public Prosecutor and the learned counsel appearing for the 2^nd respondent. They do not dispute that the issues between the petitioner and the 2^nd respondent have been settled and it is also confirmed that the petitioner has filed a petition under Section 13B of the Hindu Marriage Act as per the terms of the settlement.

¶22

Having heard the learned counsel for the petitioner, the learned

¶23

CRL.MC NO. 2651 OF 2023 3

¶24

Public Prosecutor and the learned counsel appearing for the 2^nd respondent and considering the facts and circumstances of the case, I am of the view that the proceedings against the petitioner can be quashed on the basis of

¶25

settlement. Accordingly this petition is allowed and all further proceedings in C.C.No.1567 of 2022 on the files of the Judicial First Class Magistrate Court - I, Karunagappally will stand quashed as against the petitioner.

¶26

Sd/-

¶27

GOPINATH P. JUDGE

¶28

Sru

¶29

CRL.MC NO. 2651 OF 2023 4

¶30

APPENDIX OF CRL.MC 2651/2023

¶31

PETITIONER’S ANNEXURES

¶32

Annexure A1THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 492 OF 2022 OF THE KARUNAGAPPALLY
POLICE STATION DATED 20.04.2022.

¶33

Annexure A2THE TRUE COPY OF THE SETTLEMENT AGREEMENT
BETWEEN THE PETITIONER AND 2ND RESPONDENT
DRAWN AFTER THE SUCCESSFUL COMPLETION OF THE
MEDIATION IN TR.P(C) NOS. 361/2021 AND
639/2021 DATED 29.06.2022.

¶34

Annexure A3THE TRUE COPY OF THE ORDER IN CRL.M.C. NO.
5475 OF 2022 PASSED BY THIS HON'BLE COURT
DATED 20.09.2022.

¶35

RESPONDENTS ANNEXURES : NIL

Sreeram Ojas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreeram Ojas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Faisal Vs State of Kerala

Abu Tahir Vs State of Kerala

Vaishnav Vs State of Kerala

Muhammed Ashraf Vs State of Kerala

Krishna Das Vs State of Kerala

Jose Joy Vs State of Kerala