Allowed

Sidharth v. State of Kerala

Kerala HC23 Jul 2024Crl.MC/382/2024

Case brief

AI extract

What is this about?

Husband sought quashing of a pending Section 498A IPC case on the basis of an affidavit from his wife, the defacto complainant, confirming settlement. The Public Prosecutor verified the settlement. The court allowed the petition, holding that quashing would facilitate the couple's peaceful living, and quashed all further proceedings.

What did the court decide?

All further proceedings in Crime No.413/2020 pending as C.C. No.330/2020 before JFCM Court, Pattambi stand quashed.

Sidharth 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 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946

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CRL.MC NO. 382 OF 2024

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CRIME NO.413/2020 OF THRITHALA POLICE STATION, PALAKKAD
 IN C.C. NO.330 OF 2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS,

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PATTAMBI

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PETITIONER/ACCUSED:

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SIDHARTH

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AGED 34 YEARS
S/O. SREEDHARAN, MALAPARAMBATH HOUSE, PAMPADY P.O.,
THIRUVILLAMALA, THALAPPILLY TALUK, THRISSUR DISTRICT,
PIN - 680588

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BY ADV K.RAKESH

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA

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

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2 THE STATION HOUSE OFFICER THRITHALA POLICE STATION, PALAKKAD DISTRICT, PIN - 679534

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3 DHANYA T.P. AGED 29 YEARS

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D/O. PARAMESWARAN, ATTAYIL HOUSE, P.O. PATTITHARA,
PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679534

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SR PP - RENJIT GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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23.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No. 382 of 2024

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ORDER

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Dated this the 23 rd day of July, 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 in Crime No.413/2020 of Thrithala Police Station, Palakkad, now pending as C.C. No.330/2020 on the files of the Judicial First Class Magistrate Court, Pattambi.

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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 Section 498(A) of IPC is alleged to have been committed by the accused and the defacto complainant is none other than the wife of the accused.

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An affidavit sworn by the defacto complainant has been placed stating that the matter has been settled in between the parties 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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Crl.M.C. No. 382 of 2024

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the matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded through telephone. That apart, the father of the defacto complainant also given statement supporting the settlement.

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Since the matter has been settled, there is no reason 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. All further proceedings in Crime No.413/2020 of Thrithala Police Station, Palakkad, now pending as C.C. No.330/2020 on the fles of the Judicial First Class Magistrate Court, Pattambi i stand quashed.

Sd/-

A. BADHARUDEEN

JUDGE

Crl.M.C. No. 382 of 2024

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APPENDIX OF CRL.MC 382/2024

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PETITIONER ANNEXURES :
Annexure AA CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.413/2020 OF THE THRITHALA
POLICE STATION DATED, 13-08-2020
Annexure BTHE AFFIDAVIT EXECUTED BY THE 3RD
RESPONDENT DATED 18-11-2023

Sidharth v. State of Kerala

Case brief

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Sidharth v. State of Kerala

Case brief

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