Allowed

Manulal v. State of Kerala

Kerala HC5 Jun 2024Crl.MC/210/2024

Case brief

AI extract

What is this about?

Quashing petition under Section 482 CrPC seeking to set aside an FIR and final report for offences under Sections 498A and 506(1) IPC arising from a matrimonial dispute. The court noted the matter had been amicably settled with a de facto complainant's affidavit and Public Prosecutor confirmation, allowed the petition and quashed all proceedings.

What did the court decide?

Annexure A1 FIR and Annexure A2 Final Report and all further proceedings in C.C.No.1926/2021 quashed.

Manulal 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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WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946

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CRL.MC NO. 210 OF 2024

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CRIME NO.700/2021 OF ANCHALUMMOODU POLICE STATION, KOLLAM

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CC NO.1926 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
KOLLAM

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PETITIONERS/ACCUSED NOS.1 TO 3:

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1 MANULAL AGED 31 YEARS S/O.MANILAL, ASWATHI MANDIRAM, MERA-142,MUNDAYKKAL EAST, KOLLAM DISTRICT, PIN - 691010

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2 MANILAL AGED 64 YEARS S/O.CHELLAPPAN, ASWATHI MANDIRAM, MERA 142,MUNDAYKKAL EAST,KOLLAM DISTRICT, PIN - 691010

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3 USHA AGED 59 YEARS

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W/O.MANILAL, ASWATHI MANDIRAM, MERA 142, MUNDAYKKAL
EAST, KOLLAM DISTRICT., PIN - 691010

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BY ADV SREERAJ M.D.

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RESPONDENTS/STATE/DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 ASHA LAKSHMI AGED 25 YEARS

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D/O.SALIM, SIVASAKTHI, NADUKUNNU BHAGAM,NJARAKKAL CHERI, THRIKKARUVA VILLAGE, PIN - 691602 R1 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC.NO.210 OF 2024

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O R D E R

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Dated this the 5^th day 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 Annexure A1 FIR and Annexure A2 Final Report and all further proceedings in C.C.No.1926/2021 on the files of the Judicial First Class Magistrate Court-I, Kollam, arose out of Crime No.700/2021 of Anchalumoodu Police Station, Kollam.

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Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor.

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In this matter, offences punishable under Sections 498A, 506(1) r/w Section 34 of the IPC, are alleged to have been committed by the accused.

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It is submitted that the matter has been amicably settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.

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CRL.MC.NO.210 OF 2024

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The learned Public Prosecutor also submitted

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

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Since the dispute has been settled between the parties, there is no reason to disallow the prayer for quashment, so as to facilitate peaceful living of the parties hereinafter. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this petition stands allowed and Annexure A1 FIR and Annexure A2 Final Report and all further proceedings in C.C.No.1926/2021 on the files of the Judicial First Class Magistrate Court-I, Kollam, arose out of Crime No.700/2021 of Anchalumoodu Police Station, Kollam, stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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CRL.MC.NO.210 OF 2024

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APPENDIX OF CRL.MC 210/2024

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PETITIONERS’ ANNEXURES
ANNEXURE A1A CERTIFIED COPY OF THE F.I.R DATED
19.07.2021 IN CRIME NO.700/2021 OF
ANCHALUMOODU POLICE STATION
ANNEXURE A2A CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.1926/2021 DATED 28/9/2021 ON THE
FILES OF THE HON'BLE JUDICIAL FIRST-
CLASS MAGISTRATE COURT-I KOLLAM
ANNEXURE A3THE AFFIDAVIT FILED BY RESPONDENT
NO.2/DEFACTO COMPLAINANT DATED 4/1/2023

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RESPONDENTS’ ANNEXURES : NIL

Manulal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manulal v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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