Allowed

Jayakumar K.V v. State of Kerala

Kerala HC5 Apr 2024Crl.MC/2796/2021

Case brief

AI extract

What is this about?

A Criminal Miscellaneous Case sought quashing of a final report alleging offences including 498A IPC against the defacto complainant's husband and family. After the parties settled all disputes via mediation at the Family Court, the High Court allowed the petition and quashed the final report and proceedings.

What did the court decide?

Annexure A6 Final Report in C.C. No.197/2021 and proceedings thereof quashed.

Jayakumar K.V Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946

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CRL.MC NO. 2796 OF 2021

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AGAINST THE ORDER/JUDGMENT DATED IN CC NO.197 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA

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PETITIONER/S:

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1 JAYAKUMAR K.V AGED 47 YEARS

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S/O.VISWANATHAN, JAI NIVAS, PAVATHIL ROAD,
AYYAPPANKAVU, ERNAKULAM, KOCHI - 682018.

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2 LALITHA VISWANATHAN AGED 68 YEARS

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W/O.VISWANATHAN, JAI NIVAS, PAVATHIL ROAD,
AYYAPPANKAVU, ERNAKULAM, KOCHI - 682018.

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3 JAYASREE MURALI, AGED 46 YEARS

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W/O. KURALI, JAI NIVAS, PAVATHIL ROAD,
AYYAPPANKAVU, ERNAKULAM, KOCHI - 682018.

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4 JAYANTHI MANOJ AGED 44 YEARS W/O. MANOJ, JAI NIVAS, PAVATHIL ROAD, AYYAPPANKAVU, ERNAKULAM, KOCHI - 682018. BY ADV S.SUDHISH KUMAR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031.

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2 SREEJA SIVAN R.S AGED 35 YEARS D/O. SIVAN, SIVA NIVAS, NEAR CASHEW FACTORY, NEDUVATHOOR, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV S.SREEKUMAR (KOLLAM)

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Crl.M.C. No.2796 OF 2021

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OTHER PRESENT:

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SR PP RENJITH GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C. No.2796 OF 2021

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A. BADHARUDEEN, J.

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-----------------------------------------------Crl.M.C. No.2796 of 2021

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------------------------------------------------Dated this the 5^th day of April, 2024

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ORDER

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This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A6 Final Report in C. C. No.197/2021 on the files of the Judicial First Class Magistrate Court, Kottarakkara arose out of the Crime No.3824/2020 of the Kottarakkara Police Station, Kollam. Petitioners herein are the accused Nos.1 to 4 in the above case.

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

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In this matter, offences punishable under Sections 498A, 323, 341, 506 and 294(b) read with Section 34 of the Indian Penal Code are alleged to have been committed by the accused and the defacto complainant is none other than the wife of the first accused.

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Crl.M.C. No.2796 OF 2021

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The matter has been settled in between the parties and Crl.M.A. No.1/2024, a joint petition has been filed by the both sides, as extracted in para No.3 of the petition as follows:

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‘‘As an effort of amicable, settlement on 18.1.2024 the petitioners and 2^nd respondent decided to settle the entire issues between them in the mediation talk conducted by the Family Court, Kottarakakara. Therefore parties have entered in an agreement also. It is also decided to settle all the cases between them and as per the agreement the parties are at liberty to move in accordance with their will and pleasure.’’

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Though the learned Public Prosecutor pointed out the necessity of making statement of the defacto complainant, the same is not necessary in view of the joint petition, ie, Crl.M.A. No.1/2024 filed herein. In view of the settlement born out from Crl.M.A. No.1/2024, there is no meaning in continuing the criminal proceedings. 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 A6 Final Report in C. C. No.197/2021 on the files of the Judicial First Class Magistrate Court, Kottarakkara arose out

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Crl.M.C. No.2796 OF 2021

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of the Crime No.3824/2020 of the Kottarakkara Police Station, Kollam, and the proceedings thereof stand quashed.

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Sd/A. BADHARUDEEN

JUDGE

Crl.M.C. No.2796 OF 2021

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APPENDIX OF CRL.MC 2796/2021

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PETITIONER’S ANNEXURES

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`Annexure A1`	`A TRUE COPY OF TH` `12.03.2020.`	`E DIVORCE NOTICE DATED`
`Annexure A2`	`A TRUE COPY OF`	`O.P NO. 759/2020 ON`
	`5.5.2020 BEFORE` `ERNAKULAM.`	`THE FAMILY COURT,`
`Annexure A3`	`A TRUE COPY OF T`	`HE COMPLAINT FILED BY`
	`THE 2ND RESPOND` `KOTTARAKKARA.`	`ENT BEFORE THE JFCM,`
`Annexure A4`	`A TRUE COPY OF` `3824/2020 FILED`	`THE FIR IN CRIME NO.` `BY THE KOTTARAKKARA`
	`POLICE BEFORE JF` `5.11.2020.`	`CM, KOTTARAKKARA DATED`
`Annexure A5`	`A TRUE COPY OF TH` `HON'BLE COURT IN`	`E ORDER PASSED BY THIS` `B.A NO. 7945 OF 2020`
	`DATED 3.12.2020.`
`Annexure A6`	`CERTIFIED OF THE` `THE KOTTARAKKARA` `KOTTARAKKARA IN`	`FINAL REPORT FILED BY` `POLICE BEFORE JFCM` `CRIME NO. 3824/2020`
	`DATED 16.12.2020.`
`Annexure A7`	`TRUE COPY OF THE` `22.09.2023`	`M GMAIL LETTER DATED`

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RESPONDENT’S ANNEXURES: NIL

Jayakumar K.V v. State of Kerala

Case brief

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Jayakumar K.V v. State of Kerala

Case brief

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