Petition to quash proceedings of a matrimonial dispute case alleging offences under Sections 498-A and 34 IPC. The parties had amicably settled the matter and the de facto complainant filed an affidavit confirming settlement. Court allowed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
CRL.MC NO. 9383 OF 2023
CRIME NO.253/2023 OF Chengannoor Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1223 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONERS/ACCUSED NO.1,2 AND 3:
1SREENATH
AGED 38 YEARS
S/O. RAMAKRISHNAN, KANDATHIPARAMBIL HOUSE,
ERAMALLOOR, PUTHUPPALLI,
KOTTAYAM,
PIN – 686002
2 SUSHAMA
AGED 59 YEARS
W/O. RAMAKRISHNAN, KANDATHIPARAMBIL HOUSE,
ERAMALLOOR, PUTHUPPALLI,
KOTTAYAM,
PIN – 686002
3RAMAKRISHNAN
AGED 73 YEARS
S/O. NARAYANAN ACHARI, KANDATHIPARAMBIL HOUSE,
ERAMALLOOR, PUTHUPPALLI,
KOTTAYAM,
PIN – 686002
BY ADVS.
ALEX K.JOHN
SRAYAS JOSEPH
RESPONDENTS/COMPLAINANT & STATE:
1STATE OF KERALA
REPRESENTED BY HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682031
2SOORYA
AGED 35 YEARS
D/O. SULEKHA, SURYA NIVAS,
THIRUVAMBADY EDAVAMKATTU MURI,
CHERIYANADU, CHEGANNOOR,
CRL.MC NO.9383 OF 2023
2
ALAPPUZHA DISTRICT,
PIN – 689511
3STATION HOUSE OFFICER
CHEGANNOOR POLICE STATION,
CHEGANNOOR P.O, ALAPPUZHA DISTRICT.,
PIN – 689121
BY ADV
M P PRASANTH – PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO.9383 OF 2023
3
O R D E R
Dated this the 12th day of June, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the proceedings of CC No.1223/2023 pending on the files of the Judicial First Class Magistrate Court, Chengannoor in which the FIR dated 31.03.2023 and Final charge dated 31.03.2023 in Crime No.253/2023 before the Judicial First Class Magistrate Court, Chengannoor.
4
CRL.MC NO.9383 OF 2023
In the result, this petition stands allowed and the proceedings of CC No.1223/2023 pending on the files of the Judicial First Class Magistrate Court, Chengannoor in which the FIR dated 31.03.2023 and Final charge dated 31.03.2023 in Crime No.253/2023 before the Judicial First Class Magistrate Court, Chengannoor stand quashed.
Sd/A. BADHARUDEEN JUDGE
MSA
5
CRL.MC NO.9383 OF 2023
APPENDIX OF CRL.MC 9383/2023
PETITIONER ANNEXURES
Annexure A1THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 23.02.2023 IN
CRIME NO.253/2023 OF CHEGANNOOR POLICE
Annexure A2THE TRUE COPY OF THE FINAL REPORT DATED
31.03.2023 BEFORE THE HON'BLE JUDICIAL
FIRSTCLASSMAGISTRATECOURT,
CHEGANNOOR FILED BY CHEGANNOOR POLICE
IN CRIME NO.253/2023 OF CHEGANNOR
POLICE
Annexure A3THE ORIGINAL OF THE AFFIDAVIT EXECUTED
BY THE 2ND RESPONDENT DATED 20.07.2023
1 issue framed by the court
Whether proceedings in CC No.1223/2023 (Crime No.253/2023) involving offences under Sections 498-A and 34 IPC can be quashed given the parties' settlement?
3 provisions across 2 enactments
Sreenath
Sushama
Ramakrishnan
State of Kerala
Soorya
Station House Officer, Chegannoor Police Station
A. Badharudeen
As recorded by the court registry
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