High Court allowed petition to quash proceedings under Section 482 CrPC regarding offences of obscene language and cruelty. Based on affidavit and prosecution acceptance of amicable settlement, the petition was allowed and the Final Report was quashed.
All further proceedings in the Final Report under Crime No.374/2022 and C.C.No.247/2023 stand 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 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
CRL.MC NO. 9949 OF 2023
CRIME NO.374/2022 OF NARUVAMOODU POLICE STATION,
THIRUVANANTHAPURAM
CC NO.247 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III,
NEYYATTINKARA
PETITIONERS/ACCUSED:
1 UNNI @ UNNIKRISHNAN AGED 30 YEARS S/O THULASIDHARAN, CHENTHIPPIL THULASIVILASAM HOUSE, KALLUVATHUKKAL VILLAGE, KOLLAM DISTRICT, PIN - 691578
2 CHITRA, AGED 50 YEARS D/O KAMALABHAI, CHENTHIPPIL THULASIVILASAM HOUSE, KALLUVATHUKKAL VILLAGE, KOLLAM DISTRICT, PIN - 691578 BY ADV SOJAN MICHEAL
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031
2 LEKSHMI AGED 28 YEARS D/O VANAJAKUMARI, LEKSHMI NIVAS, VARUVILAKAM, BHAGAVATHYANADA P.O, THIRUVANANTHAPURAM DISTRICT, PRESENTLY RESIDING AT KAVYA BHAVAN, PERINGODE, MOTTAMOODU, NEMOM P.O. THIRUVANANTHAPURAM DISTRICT, PIN - 695020 BY ADV CHACKO SIMON SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9949 OF 2023
2
O R D E R
Dated this the 9th day of April, 2024
This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in Annexure-I Final Report in Crime No.374/2022 of Naruvamoodu Police Station, now pending as C.C.No.247/2023 before the Judicial First Class Magistrate Court-III, Neyyattinkara. Petitioners herein are accused Nos.1 and 2 in the above case.
learned counsel for the de facto complainant and the learned Public Prosecutor.
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CRL.MC NO. 9949 OF 2023
has been placed stating that the matter has been amicably settled in between them and she has no grievance in the matter of quashing the proceedings against the petitioners.
matter has been settled and the statement of the de facto complainant in this regard got recorded.
is no reason to disallow the prayer for quashment. Therefore, in the interest of justice, I am inclined to allow this petition.
In the result, this petition stands allowed. All further proceedings in in Annexure-I Final Report in Crime No.374/2022 of Naruvamoodu Police Station, now pending as C.C.No.247/2023 before the Judicial First Class Magistrate Court-III, Neyyattinkara, against the petitioners stand quashed.
Sd/-
A. BADHARUDEEN JUDGE
nkr
CRL.MC NO. 9949 OF 2023
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APPENDIX OF CRL.MC 9949/2023
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE FINAL REPORT DATED 30.10.2022 IN CRIME NO: 374/2022 OF NARUVAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE 2 AFFIDAVIT DATED 03.10.2023 SWORN BY THE 2ND RESPONDENT
RESPONDENTS' ANNEXURES : NIL
2 issues framed by the court
Whether high court be pleased to quash proceedings under sections 294(b), 498A and 34 IPC on ground of settlement.
Whether affidavit stating amicable settlement warrants quashing of complaint under Section 482 CrPC.
2 provisions across 2 enactments
UNNI @ UNNIKRISHNAN
CHITRA
STATE OF KERALA
LEKSHMI
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
