Allowed

Justine v. Renju Justine

Kerala HC7 Mar 2024Crl.MC/669/2024

Case brief

AI extract

What is this about?

Accused in a Section 498A IPC case sought quashing of criminal proceedings after settlement with the defacto complainant, supported by her affidavit and statement to the Public Prosecutor. The court quashed the proceedings, finding the dispute purely personal with no public interest involved.

What did the court decide?

Proceedings in C.C.No.26/2023 of Judicial First Class Magistrate Court-IV, Perumbavoor against petitioners quashed.

Justine Vs Renju Justine — 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 MRS. JUSTICE SOPHY THOMAS

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THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

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CRL.MC NO. 669 OF 2024

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CRIME NO.1434/2021 OF Kalady Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.26 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - IV, PERUMBAVOOR

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PETITIONERS/ACCUSED:

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1JUSTINE
AGED 45 YEARS
PAYYAPPILLY HOUSE, THOTTAKAM, MATTOOR VILLAGE,KALADY
ERNAKULAM DISTRICT, PIN - 683574

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2ELLSY
AGED 63 YEARS
W/O JOSE P.V., PAYYAPPILLY HOUSE, THOTTAKAM, MATTOOR
VILLAGE,KALADY ERNAKULAM DISTRICT, PIN - 683574
3JINCY
AGED 44 YEARS
D/O JOSE P.V., PAYYAPPILLY HOUSE, THOTTAKAM, MATTOOR
VILLAGE,KALADY ERNAKULAM DISTRICT, PIN - 683574
BY ADVS.
P.M.ARUN DAS
SANTHOSH KUMAR M.R.
K.ARUN

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RESPONDENTS/DEFACTO COMPLAINANT:

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1RENJU JUSTINE
AGED 38 YEARS
PAYYAPPILLY HOUSE, PONJASSERY, MATTOORVILLAGE,
ERNAKULAM DISTRICT - 683 574 NOW RESIDING AT 43
CATHEDRAL COURT, CLARE ROAD, ENNIS, CO CLARE, V95KX07,
IRELAND, PIN - 683574

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2STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031

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BY ADV BIBIN VARGHESE

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SR.PP-SRI.RENJIT GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO.669 OF 2024

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ORDER

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This Crl.M.C. under Section 482 of Cr.P.C. is filed by accused Nos. 1 to 3 in Crime No.1434/2021 of Kalady Police Station, Ernakulam, registered under Section 498A of IPC, for quashing the proceedings in C.C.No.26/2023 on the file of Judicial First Class Magistrate Court-IV, Perumbavoor.

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The prosecution allegation is that, the petitioners who are the husband and in laws of the defacto complainant subjected her to matrimonial cruelties, both physical and mental, demanding more money and gold.

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When the matter is taken up for consideration, learned counsel for the petitioners would submit that the matter stands settled, and they produced Annexure-A4 affidavit of the 1^st respondent, endorsing the factum of settlement, and stating that, she has no intention to continue with the prosecution. She has no objection in quashing the proceedings in C.C.No.26/2023, pending against the petitioners before Judicial First Class Magistrate CourtIV, Perumbavoor.

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Learned Public Prosecutor on instructions submitted that the matter has been settled, and he produced signed statement of

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CRL.MC NO.669 OF 2024

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the 1^st respondent, stating that as the matter is settled, and she has no objection in quashing the proceedings in C.C.No.26/2023.

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Since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioners.

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In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)], and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the proceedings against the petitioners can be quashed on the basis of settlement. Moreover, the dispute is purely personal in nature, and no public interest is involved in it.

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In the result, this Crl.M.C. is allowed and the proceedings in C.C.No.26/2023 on the file of Judicial First Class Magistrate CourtIV, Perumbavoor, stands quashed.

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Sd/-

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SOPHY THOMAS JUDGE

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ska

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CRL.MC NO.669 OF 2024

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APPENDIX OF CRL.MC 669/2024

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PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE F.I.S IN CRIME
NO.1434/2021 OF KALADY P.S.
Annexure A2CERTIFIED COPY OF THE F.I.R IN CRIME NO.
1434/2021 OF KALADY P.S.
Annexure A3CERTIFIED COPY OF THE CHARGE SHEET IN CRIME
NO. 1434/2021 OF KALADY P.S.
Annexure A4AFFIDAVIT OF 1ST RESPONDENT

Justine v. Renju Justine

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Justine v. Renju Justine

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