Accused sought quashing of final report in dowry harassment case citing settlement. Court, relying on Supreme Court precedents, allowed the petition and quashed the final report and proceedings upon verification of complainant's objection to prosecution.
Criminal Misc. Case allowed; Annexure A1 final report in C.C.No.940/2021 stands quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
CRL.MC NO. 1722 OF 2023
CRIME NO.410/2021 OF Vellikulangara Police Station,
Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.940 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY
PETITIONER/ACCUSED 1 AND 2:
1 PRINCE V.R. AGED 42 YEARSS/O. RAPPAI VELLANI HOUSE, KOORKAMATTAM DESOM
KUTTICHIRA, KODASSERY VILLAGE THRISSUR, PIN -
682724
2 MOLY AGED 61 YEARS
W/O. RAPPAI VELLANI HOUSE, KOORKAMATTAM DESOM
KUTTICHIRA, KODASSERY VILLAGE THRISSUR, PIN -
680724
BY ADV ARUN KUMAR M.A
RESPONDENT/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 6820312 CHRISTEENA JOY AGED 25 YEARS W/O. PRINCE V.R. MALIYEKKAL HOUSE, ELINJIPARA P.O., CHALAKUDY THRISSUR, PIN - 680721 BY ADV SAM M.THOMAS PP-SRI.PRASANTH M.PTHIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1722/2023
..2..
SOPHY THOMAS, J
=========================
Crl.M.C.No.1722/2023
========================== Dated this the 5th day of March, 2024
ORDER
This Crl.M.C. under Section 482 of CrPC is filed by accused nos.1 and 2 in Crime No.410/2021 of Vellikulangara Police Station, Thrissur, registered under Sections 498A r/w 34 of IPC, to quash Annexure A1 final report in C.C.No.940/2021 on the file of Judicial First Class Magistrate Court, Chalakudy.
who are the husband and mother-in-law of the 2nd respondent/de-facto complainant, subjected her to matrimonial cruelties, and misappropriated her gold ornaments.
..3..
Crl.M.C.No.1722/2023
In the result, this Criminal Miscellaneous Case is allowed, and Annexure A1 final report in C.C.No.940/2021 on the file of Judicial First Class Magistrate Court, Chalakudy, stands quashed.
Sd/-
SOPHY THOMAS JUDGE
ACR
Crl.M.C.No.1722/2023
..4..
APPENDIX OF CRL.MC 1722/2023
PETITIONER ANNEXURES
ANNEXURE A1THE CERTIFIED COPY OF THE FINAL REPORT
IN C.C.NO 940 OF 2021 ON THE FILE OF
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHALAKUDY DATED 31.08.2021
ANNEXURE A2THE AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 07.02.2023
2 issues framed by the court
Whether proceedings under Section 498A IPC can be quashed in light of a compromise settlement and final report.
Whether principles from Gian Singh and Laxmi Narayanan apply to quash the criminal proceedings based on settlement.
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶33
_Gian Singh v. State of Punjab and Another_ [(2012) 10 SCC 303] · Who else cites this
State of Madhya Pradesh v. Laxmi Narayanan and othersRelied on¶33
_State of Madhya Pradesh v. Laxmi Narayanan and others_ [(2019) 5 SCC 688] · Who else cites this
2 provisions across 2 enactments
PRINCE V.R.
MOLY
STATE OF KERALA
CHRISTEENA JOY
SOPHY THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SOPHY THOMAS
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