Allowed

Vipin Devadas v. State of Kerala

Kerala HC5 Apr 2024Crl.MC/295/2024

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 CrPC to quash proceedings against a petitioner accused of marital offences. The court quashed the FIR based on the complainant's affidavit of settlement and the personal nature of the dispute, noting no public interest was involved.

What did the court decide?

Proceedings in Annexure A FIR in crime No.552/2023 against the petitioner stand quashed.

Vipin Devadas 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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FRIDAY, THE 5^TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946

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CRL.MC NO. 295 OF 2024

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CRIME NO.552/2023 OF EDACHERRY POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED:

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VIPIN DEVADAS AGED 38 YEARS S/O DEVADAS, SRISAILAM, VADAPURAM, MAMBAD, NILAMBUR MALAPPURAM, PIN - 676542

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BY ADVS. K.JAYESH MOHANKUMAR PUSHPARAJAN KODOTH VANDANA MENON VIMAL VIJAY

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RESPONDENT/STATE/DEFACTO COMPLAINANT:

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

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2 PRAJISHA.M AGED 36 YEARS D/O PRABHAKARAN, MANJALATH HOUSE, KUNNUMMAKKARA PO, VATAKARA TALUK, KOZHIKODE, PIN – 673308

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SRI.M.P.PRASANTH, PUBLIC PROSECUTOR

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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.MC NO. 295 OF 2024

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O R D E R

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Dated this the 5^th day of April, 2024

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This criminal miscellaneous case has been filed under

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Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in Annexure A FIR in crime No.552/2023 of Edachery Police Station. Petitioner herein is the accused in the above case.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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In this matter, offences punishable under Sections 498A, 406, 323, 324 and 325 of IPC are alleged to have been committed by the accused and the complainant is none other than the wife of the accused.

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An affidavit sworn by the complainant has been placed stating that the matter has been settled in between them and she has no grievance in the matter of quashing the proceedings.

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CRL.MC NO. 295 OF 2024

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Since the matter has been settled, there is no reason to disallow the prayer for quashment. Moreover, the dispute between the petitioner and the complainant is purely personal in nature and no public interest is involved. Therefore, in the interest of justice, I am inclined to allow this petition.

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In the result, this petition stands allowed. All further proceedings in Annexure A FIR in crime No.552/2023 of Edachery Police Station against the petitioner stand quashed.

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Sd/A. BADHARUDEEN JUDGE

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nkr

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CRL.MC NO. 295 OF 2024

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APPENDIX OF CRL.MC 295/2024

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PETITIONER ANNEXURES

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ANNEXURE A CERTIFIED COPY OF THE F.I.R. IN CRIME NO.552/2023 OF EDACHERRY POLICE STATION DATED 02.11.2023 ANNEXURE B TRUE COPY OF THE AFFIDAVIT DATED 14.12.2023 FILED BY THE 2ND RESPONDENT

Vipin Devadas v. State of Kerala

Case brief

What is this about?

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Vipin Devadas v. State of Kerala

Case brief

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