Allowed

Anilkumar v. State of Kerala

Kerala HC11 Jun 2024Crl.MC/1300/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC, the High Court of Kerala allowed the petition to quash FIR and final report related to a Section 498A IPC complaint. The court found the matter settled between the accused and wife, facilitating peaceful cohabitation.

What did the court decide?

The Annexure 1 FIR, Annexure 2 Final Report, and all subsequent proceedings under Crime No.774/2022 and C.C.No.1509/2022 are quashed.

Anilkumar Vs State of Kerala — Domestic Violence | Kerala HC (2024)

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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 A. BADHARUDEEN

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TUESDAY, THE 11^TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946

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CRL.MC NO. 1300 OF 2024

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CRIME NO.774/2022 OF VALAPPAD POLICE STATION, THRISSUR

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C.C.NO.1509 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR.

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PETITIONER/SOLE ACCUSED:

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ANILKUMAR, AGED 62 YEARS, SON OF RAMAKRISHNAN, THOTTUPARA HOUSE, VALAPAD VILLAGE, THRISSUR DISTRICT, PIN-680 568.

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BY ADV. JITHIN BABU A.

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RESPONDENTS/STATE OF KERALA & DEFACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.

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2 RAJI, AGED 53 YEARS, D/O BALASUBRAHMANIAN, THOTTUPARA HOUSE, VALAPAD VILLAGE, THRISSUR DISTRICT, PIN-680 568.

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R1 SRI.RENJIT GEORGE, SENIOR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC No.1300 of 2024

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ORDER

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Dated this the 11^th d ay of June, 2024

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure 1 FIR and Annexure 2 Final Report in Crime No.774/2022 of Valapad Police Station, Thrissur now pending as C.C.No.1509/2022 on the files of the Judicial First Class Magistrate Court, Kodungallur. Petitioner herein is the accused in the above case.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

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In this matter, offence punishable under Section 498A of the Indian Penal Code is alleged to have been committed by the accused and the defacto complainant is none other than the wife of the accused.

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An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between

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CRL.MC No.1300 of 2024

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them and she has no grievance in the matter of quashing the proceedings.

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The learned Public Prosecutor also submitted that the

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matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

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Since the matter has been settled, there is no reason

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to disallow the prayer for quashment, so as to facilitate peaceful living of the married couple. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this petition stands allowed. Annexure 1 FIR

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and Annexure 2 Final Report in Crime No.774/2022 of Valapad Police Station, Thrissur now pending as C.C.No.1509/2022 on the files of the Judicial First Class Magistrate Court, Kodungallur and the proceedings thereof stand quashed.

Sd/-

A. BADHARUDEEN

JUDGE

bpr

CRL.MC No.1300 of 2024

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APPENDIX OF CRL.MC 1300/2024

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PETITIONER'S ANNEXURES

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Annexure 1 A CERTIFIED COPY OF THE FIR DATED 05/11/2022 IN CRIME NO. 774/2022 REGISTERED AT VALAPAD POLICE STATION, THRISSUR DISTRICT. Annexure 2 A CERTIFIED COPY OF THE FINAL REPORT DATED 22/11/2022 LAID AGAINST THE PETITIONER IN CC NO. 1509/2022 ON THE FILE OF THE HON'BLE JFCM COURT, KODUNGALLUR. Annexure 3 THE AFFIDAVIT DATED 10/10/2023 SWORN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT.

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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