The High Court of Kerala quashed an FIR under Sections 498A, 323, 509, and 506 IPC following a settlement between the petitioners and the de facto complainant, applying precedents on quashing in private nature offences.
FIR in Crime No. 664/2022 of Vizhinjam Police Station is quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
CRL.MC NO. 2823 OF 2023
CRIME NO 664/2022 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NOS 1 TO 3:
BY ADV. V.A.VINOD
RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT:
D/O ROBINSON BABU, S S BHAVAN, KURAKODE, MANGALAPURAM P.O, THONAKKAL, THIRUVANANTHAPURAM, PIN – 695317
BY ADV. SAKTHI PRAKASH FOR R3.
OTHER PRESENT:
ADV. VIPIN NARAYAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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C. JAYACHANDRAN, J.
===================== Crl.M.C. No.2823 o f 2023
===================== Dated this the 02 nd day of May, 2023
ORDER
Accused Nos. 1 to 3 in Crime No.664/2022 of Vizhinjam Police Station are the petitioners herein. The offences alleged are under Sections 498A, 323, 509 and 506, read with 34 of the Indian Penal Code.
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Crl.M.C.No.2823 of 2023
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useful purpose is to be served by continuing the prosecution as against the petitioners, inasmuch as the defacto complainant had unequivocally expressed her intention to withdraw the criminal proceedings against the petitioners. Moreover, the matter has been amicably settled, with the result, the first petitioner and the defacto complainant have agreed to move the Family Court concerned, seeking mutual divorce. The issues involved in this crime are purely private in nature, without in any way impacting the society at large.
In the circumstances, this Crl.M.C is allowed and FIR in Crime No.664/2022 of Vizhinjam Police Station is hereby quashed.
Sd/-
C. JAYACHANDRAN
JUDGE
NB/-2-5
Crl.M.C.No.2823 of 2023
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APPENDIX OF CRL.MC 2823/2023
PETITIONERS’ ANNEXURES:
ANNEXURE1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 664/2022 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM ANNEXURE2 THE COPY OF THE AFFIDAVIT SWORN IN BY THE 3RD RESPONDENTS DATED 17.10.2022
RESPONDENTS’ ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the First Information Report should be quashed given the settlement between the petitioner and the de facto complainant.
Colour shows how this judgement treated each authority
B.S. Joshi & Ors vs State Of Haryana & AnrApplied¶35
B.S. Joshi & Ors vs State Of Haryana & Anr [2003 (4) SCC 675] · Who else cites this
Gian Singh v. State of PunjabApplied¶35
Gian Singh v. State of Punjab [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Renjith Gopan
Ushakumari
Sangeeth Gopan
Angel R
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
