Allowed

Gokul.C.S. v. State of Kerala

Kerala HC3 Apr 2024Crl.MC/466/2024

Case brief

AI extract

What is this about?

Quashing petition under Section 482 CrPC seeking to annul the final report in a Section 498A IPC case. The defacto complainant swore an affidavit that the matter was settled and divorce effected; the Public Prosecutor confirmed her statement. The court quashed the final report and all proceedings.

What did the court decide?

Annexure A1 Final Report in CC 40/2022 arising from Crime No.3027/2021 of Nedumangad Police Station, and proceedings thereof, quashed.

Gokul.C.S. 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
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946

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CRL.MC NO. 466 OF 2024

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AGAINST THE ORDER/JUDGMENT DATED IN CC NO.40 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD

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PETITIONERS/ACCUSED:

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1 GOKUL.C.S. AGED 27 YEARS

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S/O CHANDRAKUMAR, SUJA BHAVAN, PATTUKUNNU, PRABHAKARAN LANE, KALLAYAM.P.O., KUDAPPANAKKUNNU, PEROORKADA VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695043

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2 SUJA KUMARI AGED 44 YEARS

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D/O GIRIJA, SUJA BHAVAN, PATTUKUNNU, PRABHAKARAN
LANE, KALLAYAM.P.O., KUDAPPANAKKUNNU, PEROORKADA
VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN -
695043

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BY ADV

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M.ABDUL RASHEED

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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

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2 STATION HOUSE OFFICER AYIROOR POLICE STATION, AYIROOR P.O., THIRUVANANTHAPURAM DISTRICT,, PIN - 695310

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3 RUGMA RAJEEV AGED 23 YEARS

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D/O VIJAYALEKSHMI, UTHRUTTATHI, KALLINGAL,
PULIPPARA ROAD, NEDUMANGAD.P.O., KARIPPOOR
VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM,
PIN - 695541

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Crl.M.C. No.466 OF 2024

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BY ADV
SRI. RENJITH GEORGE – SENIOR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

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Crl.M.C. No.466 OF 2024

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A. BADHARUDEEN, J.

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-----------------------------------------------Crl.M.C. No. 466 of 2024

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------------------------------------------------Dated this the 3^rd 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 A1 Final Report in C. C. No.40/2022 on the files of the Judicial First Class Magistrate Court-II, Nedumangad arose out of the Crime No.3027/2021 of the Nedumangad Police Station, Thiruvananthapuram. Petitioners herein are the accused in the above case.

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Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.

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This matter involves allegation of commission of offence punishable under Section 498A of the Indian Penal Code, by the accused. The defacto complainanat filed an affidavit stating that the matter has been settled and they effected divorce. Therefore, she has no grievance in this matter further and she also prayed for quashment of the

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Crl.M.C. No.466 OF 2024

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proceedings.

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The learned Public Prosecutor also submitted that the statement of defacto complainanat was recorded in tune with the contents of the affidavit. Therefore, the prayer can be allowed.

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Since the matrimonial dispute in between the accused and the defacto complainant was settled and they effected divorce, there is no meaning in continuing the criminal case further, so as to burden them. 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 Final Report in C. C. No.40/2022 on the files of the Judicial First Class Magistrate Court-II, Nedumangad arose out of the Crime No.3027/2021 of the Nedumangad Police Station, Thiruvananthapuram, and the proceedings thereof stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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Crl.M.C. No.466 OF 2024

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APPENDIX OF CRL.MC 466/2024

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PETITIONER’S ANNEXURES
Annexure A1CERTIFIED COPY OF FINAL REPORT DATED
15.1.2022 IN C.C. NO.40/2022 ON THE FILE
OF JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, NEDUMANGAD WHICH AROSE FROM
CRIME NO.3027/2021 OF NEDUMANGAD POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
Annexure A2ORIGINAL AFFIDAVIT SWORN BY THE 3RD
RESPONDENT DATED 30.7.2023

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RESPONDENT’S ANNEXURES: NIL

Gokul.C.S. v. State of Kerala

Case brief

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Gokul.C.S. v. State of Kerala

Case brief

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