This Criminal Misc. Case allowed quashing of proceedings under Section 498A IPC alleging cruelty for dowry. The Kerala High Court held that since the matter was settled between the husband and wife, supported by an affidavit, further prosecution was unnecessary.
Quashing of all further proceedings in the final report and C.C. No.255/2022.
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
THURSDAY, THE 13TH DAY OF JULY 2023 / 22ND ASHADHA, 1945
CRL.MC NO. 2955 OF 2023
CRIME NO.387/2022 OF VARAPPUZHA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT CC 255/2022 OF JUDL. FIRST CLASS
MAGISTRATE COURT, III, NORTH PARAVUR (TEMPORARY)
PETITIONERS/ACCUSED NO.1 TO 4 :
1 RAMESH KUMAR K, AGED 47 YEARS S/O RAVUNNI PANICKER, KALARIKKAL HOUSE, KAYILIAD, CHALAVARA, KAYILIAD.P.O., PALAKKAD., PIN – 679 122.2 DEVAKIPANIKKATHYAR, AGED 80 YEARS W/O RAVUNNI PANICKER, KALARIKKAL HOUSE, KAYILIAD, CHALAVARA, KAYILIAD.P.O., PALAKKAD., PIN – 679 122.3 VIJAYAM.K.B., AGED 55 YEARS W/O GOPALAKRISHNAN.T K., KALARIKKAL HOUSE, KAYILIAD, CHALAVARA, KAYILIAD.P.O., PALNKLAD., PIN – 679 122.4 GOPIKA.T.K., AGED 25 YEARS D/O GOPALAKRISHNAN.T.K., KALARIKKAL HOUSE, KAYILIAD, CHALAVARA, KAYILIAD.P.O., PALAKKAD., PIN – 679 122. BY ADVS. K.M.MADHU VISHNUJA AJAYANRESPONDENTS/DEFACTO COMPLAINANT :
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.2 SIJI MOL, AGED 34 YEARS D/O THANKAPPAN, THIRIYANATHIL HOUSE, VARAPUZHA, ERNAKULAM., PIN – 683 517. BY ADV GOVERNMENT PLEADER SANGEETH RAJ N.R.THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.07.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC 2955/2023
2
BECHU KURIAN THOMAS, J
Crl.M.C.No.2955 of 2023
Dated this the 13th day of July, 2023
ORDER
This petition is filed under Section 482 of the Code of Criminal
Procedure, 1973 seeking to quash all further proceedings in C.C.No.255/2022 on the files of the Judicial First Class Magistrate
Court-III, North Paravoor alleging offence under Section 498A r/w Section 34 of the Indian Penal Code, 1860.
support of the said submission, 2nd respondent has filed an affidavit as Annexure-A2 stating that the disputes between them have been settled fully.
CRL.MC 2955/2023
3
sd/BECHU KURIAN THOMAS JUDGE
AMV/13/07/2023
CRL.MC 2955/2023
4
APPENDIX OF CRL.MC 2955/2023
PETITIONER ANNEXURES
ANNEXURE A1CERTIFIED COPY OF THE FINIAL REPORT
DATED 26/07/2022 IN CC NO. 255/2022 IN
CRIME NO.387/2022 OF VARAPUZHA POLICE
STATION, OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-III AT NORTH PARAVOOR.
ANNEXURE A2AFFIDAVIT OF 2ND RESPONDENT/DEFACTO
COMPLAINANT
TRUE COPY
1 issue framed by the court
Whether criminal proceedings for offences under Section 498A IPC should be quashed on payment of dowry and compromise between parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherReferred¶31
Gian Singh v. State of Punjab and Another (2012 (4) KLT 108)
2 provisions across 2 enactments
Ramesh Kumar K
Devakipanikkathyar
Vijayam.K.B.
Gopika.T.K.
State of Kerala
Siji Mol
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court