Allowed

Dr.Sreethu Gopi v. Sruthi Janarthanan

Kerala HC31 Jul 2024Crl.MC/5262/2023

Case brief

AI extract

What is this about?

Accused in a case alleging offences under Sections 406, 420 and 498A read with Section 34 IPC sought quashing of the final report and further proceedings after the dispute was settled in mediation pursuant to a settlement agreement dated 03.06.2024 providing for withdrawal of the case. The Public Prosecutor confirmed the settlement. Finding no reason to disallow the prayer and to facilitate peacef

What did the court decide?

Annexure A-1 final report and all further proceedings in C.C.No.230/2019 (Crime No.234/2018) against the petitioners stand quashed.

Dr.Sreethu Gopi Vs Sruthi Janarthanan — 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 31^ST DAY OF JULY 2024 / 9TH SRAVANA, 1946

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CRL.MC NO. 5262 OF 2023

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CC NO.230 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS,

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KUNNAMANGALAM

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CRIME NO.234/2018 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE

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PETITIONERS/ACCUSED NOS.1 TO 4:

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1 DR.SREETHU GOPI AGED 38 YEARS S/O. GOPI, SREESRUTHI, KOTTOLY KOZHIKODE, PIN - 673016 2 GOPI MEPARAMBATH AGED 76 YEARS S/O NARAYANAN NAIR, SREESRUTHI VEETIL, KOTTOLY, KOZHIKODE, PIN - 673016 3 MALLIKA GOPI AGED 69 YEARS W/O. GOPI MEPARAMBATH, SREESRUTHI VEETIL, KOTTOLY, KOZHIKODE, PIN - 673016 4 SRUTHI GOPI AGED 48 YEARS S/O. GOPI MEPARAMBATH, SREESRUTHI VEETIL, KOTTOLY, KOZHIKODE, PIN - 673016 BY ADVS. JOMY GEORGE R.PADMARAJ RISHAB S. CHITRA N. DAS RONA ANN SIBY

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RESPONDENTS/DEFACTO COMPLAINANT AND STATE:

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1 SRUTHI JANARTHANAN AGED 32 YEARS D/O. KAKKARA JANANRTHANAN NAIR, KANDESHWARAM, IRIJALAKUDA, P.O, MUKUNDAPURAM, THRISSUR, PIN - 680121 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADVS. R.MAHESH MENON SACHIN.P.K(K/805/2023)

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CRL.MC NO. 5262 OF 2023

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VARGHESE XAVIER(K/642/2023) SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 5262 OF 2023 3

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O R D E R

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Dated this the 31^st 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 Annexure A-1 final report and all further proceedings in C.C.No.230/2019 on the files of the Judicial First Class Magistrate Court, Kunnamangalam, arose out of Crime No.234/2018 of Medical College Police Station, Kozhikode. The petitioners herein are accused Nos.1 to 4 in the above crime.

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Heard the learned counsel for the petitioners, the learned counsel appearing for the 1^st respondent/de facto complainant and the learned Public Prosecutor.

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In this matter, offences punishable under Sections 406, 420 and 498A read with Section 34 of IPC are alleged to have been committed by the accused.

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The matter has been amicably settled in mediation and

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the mediation settlement agreement entered into between the accused and the de facto complainant dated 03.06.2024 is also produced. In paragraph No.6, it was agreed to withdraw this case

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CRL.MC NO. 5262 OF 2023

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also, as part of settlement. Hence, there is no rider to quash the criminal proceedings against the petitioners herein, where the allegations are only commission of offences punishable under Sections 406, 420 and 498A read with Section 34 of IPC.

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The learned Public Prosecutor also submitted that the

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matter has been settled in mediation.

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Since the dispute has been settled in 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. Annexure A-1 final report and all further proceedings in C.C.No.230/2019 on the files of the Judicial First Class Magistrate Court, Kunnamangalam, arose out of Crime No.234/2018 of Medical College Police Station, Kozhikode, against the petitioners, stand quashed.

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Sd/-

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A. BADHARUDEEN JUDGE

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nkr

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CRL.MC NO. 5262 OF 2023

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APPENDIX OF CRL.MC 5262/2023

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PETITIONER ANNEXURES

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ANNEXURE-A1	THE CERTIFIED COPY OF THE CHARGE SHEET SUBMITTED BY THE INVESTIGATING OFFICER BEFORE THE JUDICIAL FIRST
	CLASS MAGISTRATE COURT, KUNNAMANGALAM DATED 11.05.2019
ANNEXURE-A2	THE TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONERS
	HEREIN AND THE 1ST RESPONDENT DATED 29.03.2022
ANNEXURE-A3	THE TRUE COPY OF THE COMMON JUDGMENT DATED 26/04/2022 OF THIS HON'BLE COURT IN MAT APPEAL NO.485/2021, MAT APPEAL 314/2022 AND RP(FC) 56/2021
ANNEXURE-A4	THE TRUE COPY OF THE ACCOUNT STATEMENT OF THE 1ST PETITIONER MAINTAINED WITH SOUTH INDIAN BANK, NADAKKAVU, KOZHIKODE
ANNEXURE-A5	TRUE COPY OF THE LAWYERS NOTICE SENT BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 28.03.2023 ALONG WITH ACKNOWLEDGMENT CARD
ANNEXURE-A6	TRUE COPY OF THE ORDER DATED 24.05.2023 IN IA NO.17/2023 AND IA 18/2023 IN OP NO.582/2018 OF THE FAMILY COURT, IRINJALAKKUDA
ANNEXURE-A7	TRUE COPY OF THE LAWYER NOTICE SENT BY THE 1ST PETITIONER ON 30.06.2023 ALONG WITH ITS POSTAL RECEIPT
ANNEXURE -A8	TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY DR. SREETHU GOPI IN
	FAVOUR OF MR. SUDHI GOPI DATED 27.09.2023

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RESPONDENT ANNEXURES

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ANNEXURE R-1(A) A TRUE CO	PY OF T	HE COMPLAINT DATED
19.02.2018	SUBMIT	TED BY THE 1ST
RESPONDENT	BEFORE	THE SUB-INSPECTOR
AT MEDICAL	COLLEGE	POLICE STATION
ANNEXURE R-1(B) A TRUE C	OPY OF	THE REPORT DATED
10.04.2018	SUBMI	TTED BY FAMILY
WELFARE CO	MMITTEE	AT KOZHIKODE

Dr.Sreethu Gopi v. Sruthi Janarthanan

Case brief

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Dr.Sreethu Gopi v. Sruthi Janarthanan

Case brief

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