Allowed

Anish. a v. State of Kerala

Kerala HC5 Sept 2023Crl.MC/5251/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 Cr.P.C. sought to quash proceedings for offences under Sections 498A IPC. The Court allowed the petition quashing the proceedings as the parties had mutually agreed to dissolve the marriage and obtained a divorce decree, with the complainant indicating no desire to continue prosecution.

What did the court decide?

This Crl.M.C. is allowed and all proceedings against the petitioners in C.C.No.44 of 2015 on the file of the Judicial First Class Magistrate Court-II, Nedumangadu stand quashed.

Anish. a 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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TUESDAY, THE 5^TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945

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CRL.MC NO. 5251 OF 2023

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PETITIONERS:

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1 ANISH. A AGED 37 YEARS S/O AYYAPPAN, AGED 37 YEARS, PUTHENPURAKKAL, AMAYANNOOR P.O, AYARKUNNAM, KOTTAYAM, PIN - 686019 2 SARADA AGED 64 YEARS D/O THULASIYAMMAL, AGED 64 YEARS, KRISHNAMRITHAM, THADIYOOR, AYAROOR VIILLAGE, RANNI, PATHANAMTHITTA, PIN - 689545 3 ANUMOL AGED 34 YEARS D/O SARADA, AGED 34 YEARS, KRISHNAMRITHAM, THADIYOOR, AYAROOR VIILLAGE, RANNI, PATHANAMTHITTA, PIN - 689454 BY ADVS. G.P.SHINOD GOVIND PADMANAABHAN AJIT G ANJARLEKAR ATUL MATHEWS GAYATHRI S.B.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER VATTIYOORKAVU POLICE STATION, VATTIYOORKAVU, THIRUVANANTHAPURAM DISTRICT, PIN - 695013 3 CHITHRA.S.S AGED 34 YEARS D/O. SASIKUMARAN NAIR, CHAITHRAM, VADAKKE VAKASSERY, MALAYINKIL. P.O THIRUVANANTHAPURAM, PIN - 695571

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SMT. SREEJA V (SR PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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05.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.5251 of 2023

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ORDER

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Dated this the 5^th day of September, 2023

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This Crl.M.C. has been filed under Section

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482 Cr.P.C. to quash the proceedings in C.C.No.44 of 2015 on the Court of the Judicial First Class Magistrate -II, Nedumangadu. The petitioners who are accused in that case are alleged to have committed the offences under Section 498A read with Section 34 of the Indian Penal Code.

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Learned counsel appearing for the

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petitioners would submit that the 1^st petitioner and the 3^rd respondent (defacto complainant) have thereafter, mutually agreed to dissolve the marriage and they have also obtained a decree of divorce as is evident from Annexure C. It is submitted that the entire disputes have been settled amicably between the 1^st petitioner and the 3^rd respondent and the continuance of the proceedings in C.C.No.44 of 2015

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Crl.M.C.No.5251 of 2023

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will amount to an abuse of process of Court.

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The learned Public Prosecutor on

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instructions would submit that a statement of the 3^rd respondent has been recorded and it is stated that the 3^rd respondent does not wish to continue the prosecution as against the petitioners, on account of the subsequent settlement and divorce obtained by mutual consent. The learned Public Prosecutor also points out that the dissolution of the marriage between the 1^st petitioner and the 3^rd respondent was as early as in the year 2015.

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Having heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and in the light of the principles laid down by the Supreme Court in Gian Singh v. State Of Punjab [2012 (4) KLT 108 SC], I am of the view that it will be appropriate for this Court to exercise jurisdiction under Section 482 Of the CR.P.C. to quash further proceedings in C.C.No.44 of 2015 on the file of the

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Crl.M.C.No.5251 of 2023

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Judicial First Class Magistrate Court-II,

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Nedumangadu. Since the learned Public Prosecutor reports that a statement has been recorded from the 3^rd respondent, I do not deem it necessary to issue notice to the 3^rd respondent.

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Therefore, this Crl.M.C. is allowed and all proceedings against the petitioners in C.C.No.44 of 2015 on the file of the Judicial First Class Magistrate Court-II, Nedumangadu will stand quashed.

Sd/-

GOPINATH P.

JUDGE

SSK/05/09

Crl.M.C.No.5251 of 2023

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APPENDIX OF CRL.MC 5251/2023

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PETITIONER ANNEXURES Annexure A A CERTIFIED COPY OF THE FIR IN CRIME NO: 1169/2014 OF VATTIYOORKAVU POLICE STATION DATED 8.10.2014 Annexure B A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO: 1169/2014 OF VATTIYOORKAVU POLICE STATION Annexure C A TRUE COPY OF JUDGEMENT IN OP NO. 489 OF 2015 OF FAMILY COURT NEDUMANGAD DATED DATED 8.12.2015

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

Anish. a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anish. a v. State of Kerala

Case brief

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What did the court decide?

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