Allowed

Anilkumar v. State of Kerala

Kerala HC11 Jun 2024Crl.MC/819/2024

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a petition filed under Section 482 CrPC to quash criminal proceedings instituted against a petitioner accused of offences under Sections 324 and 498A IPC, wherein the complainant is the accused's wife, based on a recorded settlement between the parties.

What did the court decide?

Petition allowed; Annexure A2 Final Report and all subsequent proceedings in Crime No.1214/2022 C.C.No.1000/2023 stand quashed.

Anilkumar Vs State of Kerala — Matrimonial and Divorce | 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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TUESDAY, THE 11^TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946 CRL.MC NO. 819 OF 2024

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CRIME NO.1214/2022 OF NARAKKAL POLICE STATION, ERNAKULAM.

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C.C.NO.1000 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL.

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PETITIONER/ACCUSED:

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ANILKUMAR, AGED 47 YEARS, S/O. DIVAKARAN, CHERUPULLIPARAMBIL HOUSE, PUKKAD, ELAMKUNNAPPUZHA VILLAGE, ERNAKULAM DISTRICT, PIN-682 503.

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BY ADVS. RAJEESH V.R. M.SUNILKUMAR S.SANDEEP (S-3458) RAKESH R. BIMAL B. KRISHNAN RAHUL S.NATH

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

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2 SEEMA K.R., AGED 42 YEARS, W/O. ANILKUMAR, CHERUPULLIPARAMBIL HOUSE, PUKKAD, ELAMKUNNAPPUZHA VILLAGE, ERNAKULAM DISTRICT, PIN-682 503.

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R1 SRI.M.P. PRASANTH, PUBLIC PROSECUTOR

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R2 BY ADVS.SUDHEER R. K.N.RAJANI(K/001295/1999)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC No.819 of 2024

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ORDER

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Dated this the 11^th d ay of June, 2024

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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 A2 Final Report in Crime No.1214/2022 of Njarakkal Police Station, now pending as C.C.No.1000/2023 on the files of the Judicial First Class Magistrate Court (Temporary), Njarakkal. Petitioner herein is the accused in the above case.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor.

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In this matter, offence punishable under Sections 324 and 498A of the Indian Penal Code is alleged to have been committed by the accused and the defacto complainant is none other than the wife of the accused.

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An affidavit sworn by the defacto complainant has

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been placed stating that the matter has been settled in between

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CRL.MC No.819 of 2024

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them and she has no grievance in the matter of quashing the proceedings.

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The learned Public Prosecutor also submitted that the

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matter has been settled between the parties and statement of the defacto complainant to that effect has been recorded.

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Since the matter has been settled, there is no reason

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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.

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In the result, this petition stands allowed. Annexure A2 Final Report in Crime No.1214/2022 of Njarakkal Police Station, now pending as C.C.No.1000/2023 on the files of the Judicial First Class Magistrate Court (Temporary), Njarakkal and the proceedings thereof stand quashed.

Sd/-

A. BADHARUDEEN

JUDGE

bpr

CRL.MC No.819 of 2024

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APPENDIX OF CRL.MC 819/2024

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PETITIONER'S ANNEXURES

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Annexure A1 TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1214/2022 OF NJARAKKAL POLICE STATION Annexure A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1214/2022 OF NJARAKKAL POLICE STATION Annexure A3 AFFIDAVIT FILED BY THE RESPONDENT NO.2

Anilkumar v. State of Kerala

Case brief

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Anilkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

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