A Section 498A IPC offence case against a husband and his family was quashed after the wife, the defacto complainant, swore an affidavit confirming the dispute had been settled and had no grievance in quashing.
Annexure A1 FIR and Annexure A2 Final Report in Crime No.695/2021 and proceedings in C.C. No.303/2021 quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
CRL.MC NO. 8443 OF 2023
CRIME NO.695/2021 OF KALADY POLICE STATION, ERNAKULAM IN CC NO.303 OF 2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS-IV, PERUMBAVOOR.
PETITIONERS/1ST ACCUSED:
1 SIJO THOMAS, AGED 39 YEARS, RESIDING AT EKKAN, HOUSE,KOTTAMAM,NEELEESWARAM, NEELEESWARAM P.O., ERNAKULAM DISTRICT, PIN-683 574.
2 E.C. THOMAS, AGED 72 YEARS, RESIDING AT EKKAN HOUSE, KOTTAMAM,NEELESWARAM,NEELESWARAM P.O., ERNAKULAM DISTRICT, PIN-683 574.
3 ANEESE THOMAS, AGED 70 YEARS, RESIDING AT EKKAN HOUSE, KOTTAMAM, NEELESWARAM, NEELESWARAM P.O., ERNAKULAM DISTRICT, PIN-683 574.
BY ADVS. S.SAJU A.V.SAJAN SWETHA.S. NAINA FAHIMATH M.S.
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.
R1 SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
R2 ADV. MAYA T.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.8443 of 2023
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ORDER
Dated this the 4th d ay of June, 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 A1 FIR and Annexure A2 Final Report in Crime No.695/2021 of Kalady Police Station, now pending as C.C. No.303/2021 on the files of the Judicial First Class Magistrate-IV, Perumbavoor. Petitioners herein are the accused in the above case.
of the Indian Penal Code 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.8443 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 and Annexure A2 Final Report in Crime No.695/2021 of Kalady Police Station, now pending as C.C. No.303/2021 on the files of the Judicial First Class Magistrate-IV, Perumbavoor, and the proceedings thereof stand quashed.
Sd/-
A. BADHARUDEEN
JUDGE
bpr
Crl.M.C. No.8443 of 2023
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APPENDIX OF CRL.MC 8443/2023
PETITIONERS' ANNEXURES
Annexure A1 CERTIFIED COPY OF FIR NO 695/2021 DATED 10.06.2021 OF KALADY POLICE STATION Annexure A2 CERTIFIED COPY OFN FINAL REPORT OF JFCM IV CC NO 303/2021 IN CRIME 695/2021 DATED 17.08.2021 Annexure A3 TRUE COPY OF AFFIDAVIT DATED 05.10.2023 OF DEFACTO COMPLAINANT
1 issue framed by the court
Whether proceedings under the FIR and Final Report for an alleged Section 498A IPC offence can be quashed given settlement between the accused and the defacto complainant.
2 provisions across 2 enactments
Sijo Thomas
E.C. Thomas
Aneese Thomas
State of Kerala represented by Public Prosecutor, High Court of Kerala
Liya Paul
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
