Allowed

Rasak v. State of Kerala

Kerala HC4 Jun 2024Crl.MC/190/2024

Case brief

AI extract

What is this about?

Husband sought quashing of a pending dowry cruelty case after amicable settlement with the complainant wife, who filed an affidavit supporting quashing; the Public Prosecutor confirmed the settlement. Allowing the petition to facilitate peaceful living of the married couple, the Court quashed the final report and further proceedings.

What did the court decide?

Annexure A3 final report in Crime No.123/2010 and proceedings in C.C. No.604/2019 before JFMC Chittur quashed.

Rasak Vs State of Kerala — Dowry and Cruelty | 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 4^TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946

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CRL.MC NO. 190 OF 2024

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C.C. NO.604 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHITTUR

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PETITIONER/1ST ACCUSED:

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RASAK,

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AGED 50 YEARS, S/O SAITH RAWTHAR, PATTIKULAM, NANDIYODE, PERUMATTI, CHITTOOR, PALAKKAD DISTRICT, PIN-678 101.

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BY ADVS.

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K.N.ABHILASH SUNIL NAIR PALAKKAT T.R.ANIL VENUGOPAL SREELAKSHMI MENON P.

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RESPONDENTS/STATE:

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

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2 THE STATION HOUSE OFFICER, KOLLENGODE POLICE STATION, PALAKKAD DISTRICT, PIN-678 506.

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3 RASHEEDA, AGED 44 YEARS, W/O RASAK, D/O NOORUDHEEN, NAGARPADATH, MUTHALAMADA VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT, PIN-678 101.

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R1&R2 SMT. M.N. MAYA, PUBLIC PROSECUTOR

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R3 ADV. T.J.LAKSHMANAN IYER

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC No. 190 of 2024

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ORDER

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Dated this the 4^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 A3 final report in Crime No.123/2010 of Kollengode Police Station, now pending as C.C. No.604/2019 on the files of the Judicial First Class Magistrate Court, Chittur. 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 Sections 498(A) and 34 of the Indian Penal Code is alleged to have been

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committed by the accused and the de facto complainant is none other than the wife of the accused.

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An affidavit sworn by the defacto complainant has

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been placed stating that the matter has been settled in

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CRL.MC No. 190 of 2024

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

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The learned Public Prosecutor also submitted that

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the 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 A3 final report in Crime No.123/2010 of Kollengode Police Station, now pending as C.C. No.604/2019 on the files of the Judicial First Class Magistrate Court, Chittur and the proceedings thereof stand quashed.

Sd/-

A. BADHARUDEEN

JUDGE

bpr

CRL.MC No. 190 of 2024

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-4-

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APPENDIX OF CRL.MC 190/2024

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PETITIONER'S ANNEXURES

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Annexure-A1 THE TRUE COPY OF THE FIR NO-123/2010 DATED 8-4-2010 OF THE KOLLENGODE POLICE STATION, PALAKKAD DISTRICT

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Annexure-A2 THE TRUE COPY OF THE ORDER DATED 19-11-2019 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR Annexure-A3 THE CERTIFIED COPY OF THE FINAL REPORT IN C.C NO. 604/2019 DATED 30-04-2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR Annexure-A4 THE AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DATED 05.01.2024

Rasak v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rasak v. State of Kerala

Case brief

What is this about?

What did the court decide?

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