Dismissed

Rakhesh v. State of Kerala

Kerala HC11 Jan 2023Crl.MC/2706/2021

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a Criminal Miscellaneous petition seeking to quash criminal proceedings under Section 498A of the IPC. The single-bench court held that since specific allegations attracted the offence ingredients and a prima facie case was made out, the invoked jurisdiction under Section 482 of Cr.P.C could not be used.

What did the court decide?

Petitioners/accused 1 to 3; prayers for quashing of further proceedings dismissed; Crl.M.C. is dismissed.

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

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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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WEDNESDAY, THE 11^TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944

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CRL.MC NO. 2706 OF 2021

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CRIME NO.57/2020 OF KORATY POLICE STATION, THRISSUR

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CC 693/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY

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PETITIONERS/ACCUSED NO. 1 TO 3:

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1 RAKHESH AGED 35 YEARS

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S/O.VIJAYAN, KANAKKASSERI HOUE, KODASSERI VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.

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2 MALLIKA VIJAYAN AGED 61 YEARS

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W/O.VIJAYAN, KANAKKASSERI HOUE, KODASSERI VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT.

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3 RAGI

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AGED 38 YEARS W/O SHAJU, ILLIKKADAN VEEDU, PERAMBRA DESOM, KODAKARA VILLAGE, THRISSUR DISTRICT.

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BY ADVS. P.P.BIJU C.V.SHAJU

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA

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REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

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CRL.MC NO. 2706 OF 2021

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2 AMRUTHA AGED 24 YEARS D/O.SABU, KUZHIKKANDATHIL HOUSE, PUSHPAGIRI DESOM, MELUR VILLAGE, TRISSUR DISTRICT 680 311

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BY ADVS. JITHIN BABU A ARUN SAMUEL RAIEEZ M ASHRAF, SRI.P.G.MANU, SR.P.P.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 2706 OF 2021

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O R D E R

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This Crl.M.C has been filed to quash all further proceedings in C.C.No.693 of 2020 on the files of the Judicial First Class Magistrate Court, Chalakkudy.

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The petitioners are the accused Nos.1 to 3. The offence alleged against the petitioners is punishable under Section 498A of IPC.

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I have heard Sri.P.P.Biju, the learned counsel for the petitioners, Sri. Jithin Babu A., the learned counsel for the 2^nd respondent and Sri.P.G.Manu, the learned Senior Public Prosecutor.

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I went through the FIS as well as the entire records. There are specific allegations to attract the ingredients of the offence alleged against the petitioners. When prima facie case is made out, the jurisdiction vested with this Court under Section 482 of Cr.P.C cannot be invoked.

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Hence, this Crl.M.C is dismissed.

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Sd/-

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DR.KAUSER EDAPPAGATH, JUDGE

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CRL.MC NO. 2706 OF 2021

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APPENDIX OF CRL.MC 2706/2021

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PETITIONERS' ANNEXURES:

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ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.57/2020 OF KORATTY POLICE STATION. ANNEXURE II TRUE COPY OF THE FIR DATED 25.1.2020 IN CRIME NO.57/2020 OF KORATTY POLICE STATION. ANNEXURE III TRUE COPY OF THE FIS DATED 25.1.2020 RECORDED BY THE SI OF POLICE, KORATTY POLICE STATION. ANNEXURE IV TRUE COPY OF THE MEMORANDUM OF OP NO.360/2019 OF FAMILY COURT, IRINJALAKUDA

Rakhesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rakhesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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