Allowed

Shivin Varghese v. State of Kerala

Kerala HC14 Sept 2023Crl.MC/4027/2023

Case brief

AI extract

What is this about?

This Criminal Miscellaneous Petition seeks quashing of proceedings under Section 498A IPC. The High Court observed that all issues between petitioners and the complainant were settled via an affidavit. Invoking power under Section 482 Cr.P.C., the Court quashed the proceedings, holding no public purpose would be served by continuing them.

What did the court decide?

Further proceedings in C.C.No.1088/2022 before the Judicial First Class Magistrate’s Court-I, Chalakudy are quashed.

Shivin Varghese 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.

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THURSDAY, THE 14^TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945

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CRL.MC NO. 4027 OF 2023

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AGAINST THE ORDER/JUDGMENT CC 1088/2022 OF JUDICIAL MAGISTRATE OF

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FIRST CLASS - I, CHALAKUDY

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PETITIONER/S:

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1 SHIVIN VARGHESE,AGED 33 YEARS,S/O.VARGHESE, PULIKKOTTIL HOUSE, NELLIPARAMBA DESOM, MATTATHUR VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680684

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2 SHERLY VARGHESE,AGED 53 YEARS,W/O. VARGHESE, PULIKKOTTIL HOUSE, NELLIPARAMBA DESOM, MATTATHUR VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT,, PIN - 680684

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3 ROSE MARIA,AGED 26 YEARS,D/O.VARGHESE, PULIKKOTTIL HOUSE, NELLIPARAMBA DESOM, MATTATHUR VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT,, PIN - 680684

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4 VARGHESE,AGED 61 YEARS,S/O.PARU, PULIKKOTTIL HOUSE, NELLIPARAMBA DESOM, MATTATHUR VILLAGE, CHALAKUDYTALUK, THRISSUR DISTRICT,, PIN - 680684

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BY ADV N.L.BITTO

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RESPONDENT/S:

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1 STATE OF KERALA,REP. BY THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031

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2 GELNA,AGED 27 YEAR,SD/O.JAISON, VADAKKAN HOUSE, ST.JAMES ROAD, EAST CHALAKUDY DESOM, CHALAKUDY P.O., CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680307

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BY ADVS. PUBLIC PROSECUTOR ABHILASH M.J.

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OTHER PRESENT:

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SRI. G SUDHEER (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl. M.C. 4027/2023

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O R D E R

The petitioners are the accused in Crime No.359/2022 of Chalakudy Police Station, Ernakulam, which is now pending as C.C.No.1088/2022 before the Judicial First Class Magistrate’s Court-I, Chalakudy. The petitioners face prosecution under Section 498A of the Indian Penal Code.

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When the matter is taken up for consideration today it is the submission of the learned counsel for the petitioners that all issues between the petitioners and the 2^nd respondent ( de facto complainant) have been settled. He also produced an affidavit of the 2^nd respondent / de facto complainant as Annexure-3.

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Heard the learned Public Prosecutor and learned counsel for the 2^nd respondent / de facto complainant also.

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Having regard to the facts and circumstances of the case and considering the fact that all issues between the petitioners and the 2^nd respondent have been settled and also considering Annexure-3 affidavit of the 2^nd respondent, I am of the view that this is fit case where, the jurisdiction of this Court under Section 482 of Cr.P.C. can be invoked and the proceedings against the petitioners can be quashed on the ground of settlement. No public purpose would be served by continuing with the proceedings against the petitioners. In the result, this Crl.M.C. is allowed and all further proceedings against the petitioners in C.C.No.1088/2022 before the Judicial First Class Magistrate’s Court-I, Chalakudy will stand quashed.

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Sd/- GOPINATH P. JUDGE

AMG

Crl. M.C. 4027/2023

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APPENDIX OF CRL.MC 4027/2023

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PETITIONER ANNEXURES

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Annexure1 A TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.359 OF 2022 OF THE CHALAKUDY POLICE STATION DATED 24/3/2022 Annexure2 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.359OF 2022, OF THE CHALAKUDY POLICE STATION SUBMITTED ON 11/5/2022 Annexure3 ORIGINAL OF THE AFFIDAVIT OF THE 2ND RESPONDENT DATED 24/3/2023

Shivin Varghese v. State of Kerala

Case brief

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Shivin Varghese v. State of Kerala

Case brief

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