Allowed

Linson v. Biji

Kerala HC4 Oct 2023Crl.MC/4658/2023

Case brief

AI extract

What is this about?

This is a criminal miscellaneous case where the petitioner seeks to quash criminal proceedings pending against him for matrimonial cruelty. The Court observed that the issues between the petitioner and the complainant were settled via an affidavit. The High Court invoked its jurisdiction under Section 482 of the Bharatiya Niji Sanhita and allowed the petition, quashing the proceedings against the

What did the court decide?

Crl.M.C. No. 4658 of 2023 is allowed and proceedings in C.C.No.517 of 2017 are quashed as against the petitioner.

Linson Vs Biji — 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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WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945
CRL.MC NO. 4658 OF 2023

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TO QUASH ANNEXURE-2 FINAL REPORT IN CRIME NO.89/2017 OF KOCHI
KASABA POLICE STATION WHICH IS NOW PENDING AS C.C.NO.517/2017 ON
THE FILES OF J.F.C.M-II COURT, KOCHI

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PETITIONER/ACCUSED:

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LINSON,
AGED 43 YEARS,
S/O. ROMIO ANTONY, ERAVELI HOUSE, THONITHODU ROAD,
MUNDAMVELI.P.O, KOCHI TALUK, ERNAKULAM – 682 507.
BY ADVS.
SANTHARAM.P
P.G.GOKULNATH
T.S.REMYA

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RESPONDENTS/DE-FACTO COMPLAINANT & STATE:

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1 BIJI, AGED 39 YEARS, D/O.THOMAS, KODIYANTHARA VEEDU, EDAKOCHI (P.O), KOCHI TALUK, ERNAKULAM, PIN – 682 010. 2 STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

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BY ADV ANOOP JOSEPH

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SRI. NOUSHAD K A (SR PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 4658 OF 2023

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ORDER

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Petitioner faces prosecution in Crime No.89 of 2017 of Kochi Kasaba Police Station for commission of offences under Sections 498(A) of the Indian Penal Code. The case is now pending as C.C.No.517 of 2017 on the files of Judicial First Class Magistrate Court – II, Kochi. The allegation against the petitioner is that while the petitioner and the 1^st respondent were residing together, the 1^st respondent was subjected to matrimonial cruelty by the petitioner at his house by demanding gold ornaments to payoff his debts and had continuously tortured her physically and mentally till 2010. It is alleged that the petitioner had subjected the de-facto complainant and her daughter to cruelty without enquiring about or protecting them and thereby the petitioner committed the aforesaid offences. Though certain other allegations were raised against some others, a final report was filed after deleting the other accused and alleging the commission of offence under Section 498A by the petitioner.

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The learned counsel appearing for the petitioner would submit that the complaint was filed on account of other

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CRL.MC NO. 4658 OF 2023

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matrimonial disputes between the petitioner and the 1^st respondent. It is submitted that all disputes between the petitioner and the 1^st respondent have been settled, as is evident from Annexure – 3 affidavit. It is submitted that the proceedings against the petitioner in Crime No.89 of 2017 of Kochi Kasaba Police Station, which is now pending as C.C.No.517 of 2017 on the files of Judicial First Class Magistrate Court – II, Kochi may be quashed on the basis of settlement.

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The learned Public Prosecutor confirms that the issues between the petitioner and the 1^st respondent have been settled.

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Having regard to the facts and circumstances of the case, considering the nature of allegations and taking into account the contents of Annexure – 3 affidavit and the submissions of the learned Public Prosecutor, I am of the view that this is a fit case where jurisdiction of this Court under Section 482 of the Cr.P.C can be invoked and the proceedings against the petitioner can be quashed on the basis of settlement. No public interest will be served by continuing with the proceedings against the petitioner.

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Accordingly, this Crl.M.C is allowed and all further proceedings in C.C.No.517 of 2017 on the files of Judicial First Class Magistrate Court – II, Kochi will stand quashed as against

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CRL.MC NO. 4658 OF 2023

the petitioner.

Sd/GOPINATH P. JUDGE

CRL.MC NO. 4658 OF 2023

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APPENDIX OF CRL.MC 4658/2023

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PETITIONER ANNEXURES
Annexure1TRUE COPY OF FIR IN CRIME NO.89/2017
OF KOCHI KASABA POLICE STATION
Annexure2CERTIFIED COPY OF FINAL REPORT IN
CRIME NO.89/2017 OF KOCHI KASABA
POLICE
Annexure3NOTARIZED AFFIDAVIT SWORN TO BY 1ST
RESPONDENT DATED 09.06.2023

Linson v. Biji

Case brief

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What did the court decide?

Linson v. Biji

Case brief

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