The High Court quashed criminal proceedings under Section 498(A) IPC after the de facto complainant, the wife of the accused, stated that the matter had been settled and she had no grievance, allowing the petition to facilitate peaceful living.
FIR in Crime No.276/2022 and pending proceedings quashed.
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 MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
CRL.MC NO. 6955 OF 2023
CRIME NO.276/2022 OF CHOTTANIKKARA POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 VISESH N R, AGED 28 YEARS, S/O RAMACHANDRAN, MANIMANDIRAM HOUSE, NEAR MGR STATUTE, VALIYA KAVALA, VAIKOM, KOTTAYAM DISTRICT-686141 NOW RESIDING AT NEW NO.33, LAKE AREA, NUNGAMPAKKAM, CHENNAI, TAMIL NADU STATE, PIN - 600034 2 RAMACHANDRAN, AGED 56 YEARS, S/O NARAYANAN P.,MANIMANDIRAM HOUSE, NEAR MGR STATUTE, VALIYA KAVALA, VAIKOM, KOTTAYAM DISTRICT-686141.
NOW RESIDING AT NEW NO.33, LAKE AREA, NUNGAMPAKKAM, CHENNAI, TAMIL NADU STATE, PIN - 600034
3 SEEMA RAMACHANDRAN, AGED 52 YEARS, W/O RAMACHANDRAN, MANIMANDIRAM HOUSE, NEAR MGR STATUTE,VALIYA KAVALA, VAIKOM, KOTTAYAM DISTRICT-686141 NOW RESIDING AT NEW NO.33, LAKE AREA, NUNGAMPAKKAM, CHENNAI, TAMIL NADU STATE, PIN - 600034
BY ADVS. R.LAIJU T.U.SUJITH KUMAR C.C.ANOOP R.ANAS MUHAMMED SHAMNAD SARUN RAJAN ROOPESH N.R. RASHEEK AHAMED B.A. ARCHANA HARIDAS K.
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, CHOTTANIKKARA POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN – 682031
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2 PARVATHY KOLLATT, AGED 25 YEARS, D/O KOLLATT GOPALAN GOPAKUMAR, GOBIND KOLLATT, KANIYAVALLY ROAD, KUREEKKAD, PUTIYAKAVU, TRIPUNITHURA, ERNAKULAM DISTRICT,PIN – 682305
R1 SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
BY ADVS. CAROLIN SINDHU VAZ AKHIL M S(K/001447/2024) JYOTHISH P K(K/001540/2024)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 28th day of May, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash
all further proceedings pursuant to Annexure A-1 FIR in Crime No.276/2022 of Chottanikkara Police Station, Ernakulam, now pending as C.C. No.186/2018 on the files of the Judicial First Class Magistrate Court, Chottanikkara. Petitioners herein are the accused in the above case.
498(A) of IPC is alleged to have been committed by the accused and the de facto complainant is none other than the wife of the 1st accused.
been placed stating that the matter has been settled in between
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Crl.M.C. No.6955 of 2023
them and she has no grievance in the matter of quashing the proceedings.
matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.
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.
In the result, this petition stands allowed. Annexure-A1 FIR in Crime No.276/2022 of Chottanikkara Police Station, Ernakulam, now pending as C.C. No.186/2018 on the files of the Judicial First Class Magistrate Court, Chottanikkara and the proceedings thereof stand quashed.
Sd/-
A. BADHARUDEEN JUDGE
bpr
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APPENDIX OF CRL.MC 6955/2023
PETITIONERS' ANNEXURES
| Annexure A1 | TRUE | COPY OF THE FIRST INFOR | MATION |
|---|---|---|---|
| REPOR 23.04 STATI |
T IN CRIME NO.276/2022, .2022, OF THE CHOTTANIKKARA ON |
DATED POLICE |
|
| Annexure A2 | TRUE | COPY OF THE COMPLAINT DAT | ED NIL |
| SUBMI | TTED BY THE 2ND RESPONDENT |
BEFORE |
|
| THE | STATION HOUSE OF |
FICER, | |
| CHOTT | ANIKKARA POLICE STATION | ||
| Annexure A3 | TRUE | COPY OF THE ORDER DATED 25.0 | 7.2023 |
| IN H | .M.O.P. NO.1729 OF 2023 O | N THE | |
| FILES PRINC |
OF THE HON'BLE II ADDI IPAL FAMILY COURT AT CHENNAI |
TIONAL |
|
| Annexure A4 | THE C FILED |
ERTIFIED COPY OF THE CHARGE BEFORE THE HON'BLE JUDICIAL |
SHEET FIRST |
| CLASS CRIME POLIC |
MAGISTRATE COURT, CHOTTANIK NO.276/2022 OF THE CHOTTAN E STATION |
ARA IN IKKARA |
1 issue framed by the court
Whether the criminal proceedings under Section 498(A) IPC should be quashed upon settlement between the parties.
2 provisions across 2 enactments
Visesh N R
Ramachandran
Seema Ramachandran
State of Kerala
Parvathy Kollatt
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
