Allowed

Ratheesh.v v. State of Kerala

Kerala HC26 Oct 2023Crl.MC/3982/2023

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a Criminal Miscellaneous petition to quash criminal proceedings under Sections 498A and 34 IPC. The court held that since the disputes were settled, invoking the inherent jurisdiction under Section 482 Cr.P.C. to quash the proceedings was a fit case.

What did the court decide?

All further proceedings against the petitioners in C.C.No.435 of 2022 on the file of the Judicial First Class Magistrate's Court-II, Sulthan Bathery stand quashed.

Ratheesh.v 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 MR. JUSTICE GOPINATH P.
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945

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CRL.MC NO. 3982 OF 2023

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CC 435/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, SULTHANBATHERY Crime No.696 of 2022 of Kenichira Police Station, Wayanad

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PETITIONERS/ACCUSED NOS.1 TO 4:

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1RATHEESH.V
AGED 33 YEARS
S/O.RAVEENDRAN, "VALLIL",
UNNIKULAM, EMMAMPARAMBA P.O.
KOZHIKODE, PIN - 673574
2PUSHPA
AGED 62 YEARS
W/O.RAVEENDRAN, "VALLIL",
UNNIKULAM, EMMAMPARAMBA P.O.
KOZHIKODE, PIN - 673574
3SABAREESH
AGED 38 YEARS
S/O.NARAYANANKUTTY,
"KIZHAKKAYIL" (H), VATTOLI BAZAR,
BALUSSERY, KOZHIKODE-673 612
4RATHISHA K.K.
AGED 36 YEARS
D/O.RAVEENDRAN, "KIZHAKKAYIL" (H),
VATTOLI BAZAR, BALUSSERY,
KOZHIKODE, PIN - 673612
BY ADVS.
ARJUN SREEDHAR
T.K.SANDEEP
ARUN KRISHNA DHAN
ALEX ABRAHAM
VEENA HARIKUMAR
SWETHA R.
HARIKRISHNAN P.B.

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RESPONDENTS/COMPLAINANT & STATE :

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 31

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Crl.MC No.3982 of 2023

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2UNNIMAYA.V.M
AGED 26 YEARS
D/O.MADHUSOODANAN,
VANARAMBATH HOUSE,
THAZHE MUNDA P.O.
WAYANAD DISTRICT,
PIN - 673596

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OTHER PRESENT:

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SRI VIPIN NARAYAN (SR PP)
ADV.SRI.YADHU KUMAR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC No.3982 of 2023

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O R D E R

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The petitioners face prosecution under Section 498A read with Section 34 of the Indian Penal Code. A crime was registered against the petitioners as Crime No.696 of 2022 of Kenichira Police Station, Wayanad, alleging commission of offences under the aforesaid provisions of law. The matter is now pending as C.C.No.435 of 2022 on the file of the Judicial First Class Magistrate’s Court-II, Sulthan Bathery.

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The learned counsel appearing for the

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petitioners would submit that the entire disputes between the petitioners and the defacto complainant (second respondent) have been settled, as is evident from Annexure-III affidavit executed by the second respondent/defacto complainant. It is submitted that no useful purpose would be served in continuing with the prosecution against the petitioners in the light of the settlement of all issues between the petitioners and the second respondent/defacto complainant.

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The learned Public Prosecutor, on instructions, would submit that the disputes between the petitioners and the second respondent have been settled and the second

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Crl.MC No.3982 of 2023

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respondent does not wish to continue with the prosecution against the petitioners.

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Having heard the learned counsel for the petitioners and the learned Public Prosecutor and having regard to the contents of Annexure-III affidavit executed by the second respondent/defacto complainant and also having regard to the statement of the learned Public Prosecutor that the issues between the petitioners and the second respondent have been settled, I am of the view that this is a fit case where, a jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked to quash the proceedings against the petitioners.

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Accordingly, this Crl.M.C. is allowed and all further proceedings against the petitioners in C.C.No.435 of 2022 on the file of the Judicial First Class Magistrate’s Court-II, Sulthan Bathery will stand quashed.

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GOPINATH P., JUDGE

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Sd/-

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rkj

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Crl.MC No.3982 of 2023

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APPENDIX OF CRL.MC 3982/2023

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PETITIONER ANNEXURES
Annexure-ITRUE COPY OF THE FIR IN CRIME NO.696/2022
REGISTERED BY KENICHIRA POLICE DATED
23.10.2022
Annexure-IICERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.435/2022 ON THE FILES OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
SULTHAN BATHERY DATED 24.11.2022
Annexure-IIITHE AFFIDAVIT DATED 20.03.2023 EXECUTED
BY 2ND RESPONDENT

Ratheesh.v v. State of Kerala

Case brief

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Ratheesh.v v. State of Kerala

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