Accused in a dowry cruelty case sought quashing of proceedings after settlement with the defacto complainant, who confirmed she had no objection. Relying on Gian Singh and Laxmi Narayan, the High Court quashed the magistrate court proceedings as the dispute was personal in nature.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TUESDAY, THE 27 TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
CRL.MC NO. 541 OF 2024
CRIME NO.281/2018 OF Kolathur Police Station, Malappuram
CC NO.548 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PERINTHALMANNA
PETITIONERS/ACCUSED:
1 ROOPESH, AGED 42 YEARS, S/O. GOPINATHAN, NANGARI HOUSE, NELLIKODE P.O, KOZHIKODE DISTRICT, PIN - 673016.2 GOPINADAN KRISHNA, AGED 74 YEARS, S/O. MADHAVAN KRISHNA, NANGARI HOUSE, NELLIKODE P.O, KOZHIKODE DISTRICT., PIN - 673016. BY ADV R.RANJITH (MANJERI)
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031.2 PRAJITHA K.P., AGED 35 YEARS, D/O. VELAYUDAN, KOTTAPPARAMBIL HOUSE, KOLATHUR P.O, MALAPPURAM DISTRICT, PIN - 679338.PUBLIC PROSECUTOR SRI.PRASANTH M.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.541/2024 2
O R D E R
This Crl.M.C. under Section 482 of Cr.P.C. is filed by
accused Nos.1 and 2 in Crime No.281 of 2018 of Kolathur Police Station, Malappuram District, registered under Sections 406 and 498A read with Section 34 of IPC, for quashing the proceedings in C.C.No.548 of 2019, on the file of Judicial First Class Magistrate Court-I, Perinthalmanna.
Crl.M.C.No.541/2024 3
against the petitioners before Judicial First Class Magistrate Court-I, Perinthalmanna.
submitted that the matter has been settled, and he produced signed statement of the 2nd respondent, to the effect that, as the matter is settled, she has no objection in quashing the proceedings in C.C.No.548 of 2019.
Crl.M.C.No.541/2024 4
In the result, this Crl.M.C. is allowed and the proceedings in C.C.No.548 of 2019 on the file of Judicial First Class Magistrate Court-I, Perinthalmanna, stand
quashed.
Sd/-
SOPHY THOMAS JUDGE
DSV/-
Crl.M.C.No.541/2024 5
APPENDIX OF CRL.MC 541/2024
PETITIONERS’ ANNEXURES :
Annexure A |
CERTIFIED COPY |
OF THE FINAL REPORT |
IN CRIME |
|---|---|---|---|
NO.281/2018 OF21/09/2019. |
THE KOLATHUR POLICE STA |
TION DATED |
|
Annexure B |
THE TRUE COPY |
OF THE AFFIDAVIT SWORN |
TO BY THE |
2ND RESPONDENT |
DATED, 13-12-2023. |
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Can criminal proceedings for matrimonial cruelty under Sections 406 and 498A IPC be quashed on the basis of settlement between the parties?
Colour shows how this judgement treated each authority
Gian Singh v. State of Punjab and AnotherRelied on¶6
(2012) 10 SCC 303 · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersRelied on¶6
(2019) 5 SCC 688 · Who else cites this
2 provisions across 2 enactments
Roopesh
Gopinadan Krishna
State of Kerala
Prajitha K.P.
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court