Allowed¶34

Aneesh v. Kerala State

Kerala HC7 Apr 2025Crl.MC/7107/2019

Case brief

AI extract

What is this about?

Quashment of Section 498A IPC proceedings on amicable settlement between accused and de facto complainant; affidavit dated 04.01.2025; de facto complainant remarried and not interested in prosecution; Public Prosecutor confirmation via Investigating Officer; abuse of process of court; Crl.M.C No.7107/2019; CC No.1139/2015, JFCM Court-III, North Paravur; Crime 615/15 Varapuzha Police; Kerala High Court; Justice G. Girish; 07.04.2025; neutral citation 2025:KER:29867.

What did the court decide?

Quashing of the proceedings against the petitioner/accused in CC No.1139/2015 on the files of the Judicial First Class Magistrate Court-III, North Paravur. ¶34

Aneesh Vs Kerala State — Dowry and Cruelty | Kerala HC (2025)

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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 G.GIRISH

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MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

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CRL.MC NO. 7107 OF 2019

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CC NO.1139 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE

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COURT- III, NORTH PARAVUR

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PETITIONER/ACCUSED:

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ANEESH

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AGED 39 YEARS

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S/O. MOITHEEN, MUNDOMCHALIL HOUSE, KARINGAMTHURUTH
KARA, ALANGAD VILLAGE, N. PARAVUR.

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BY ADV RAJIV NAMBISAN

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RESPONDENTS/COMPLAINANT:

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1 KERALA STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶15

2 SNEHALATHA
D/O KUTTAPPAN, PUZHUKKUDY HOUSE, NEERICODE KARA,
ALANGAD VILLAGE .

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BY ADV PAUL VARGHESE SRAMBICAL

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SMT SEETHA S, SR PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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2025:KER:29867

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Crl.M.C No.7107/2019 2

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ORDER

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The petitioner is the sole accused in CC No.1139/2015 on the files of the Judicial First Class Magistrate Court-III, North Paravur. The allegation against him is that he committed offence under Section 498A IPC. In the present petition, the petitioner seeks to quash the proceedings against him in the said case.

¶23

The prosecution case is that ever since 13.01.2003, while the de facto complainant had been residing with the petitioner, he had been subjecting her to cruelty demanding dowry.

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When the matter is taken up for consideration today, the learned counsel for the petitioner submitted that the issue has been amicably settled with the de facto complainant.

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Heard the learned counsel for the petitioner and the learned

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Public Prosecutor representing the State of Kerala.

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It is seen from the records that the de facto complainant has filed an affidavit dated 04.01.2025, stating that the issue with the petitioner had already been resolved, and that she is not having any subsisting grievance against him. It is further stated in the aforesaid affidavit that the de facto complainant had married another person, and that she has been

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Crl.M.C No.7107/2019 3

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2025:KER:29867

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living peacefully with him.

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The learned Public Prosecutor, upon instructions from the Investigating officer, submitted that as per the information gathered by the Investigating Agency also, the matter has been resolved between the parties, and that the de facto complainant is no longer interested in prosecuting this case. A statement given by the de facto complainant to the Investigating Officer in the above regard is placed before me for perusal.

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Having regard to the above development of the case wherein

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the issue has been amicably settled between the parties, and the aggrieved person is not at all interested in proceeding with the prosecution, I am of the view that the continuance of the proceedings before the learned Magistrate in CC No.1139/2015 can only be termed as an abuse of process of court. Therefore, the request in this petition to quash the proceedings has to be allowed.

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In the result, the petition stands allowed. The proceedings against the petitioner/accused in CC No.1139/2015, on the files of the Judicial First Class Magistrate Court-III, North Paravur, are hereby quashed.

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Sd/-

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G.GIRISH JUDGE

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IAP

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2025:KER:29867

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Crl.M.C No.7107/2019 4

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APPENDIX OF CRL.MC 7107/2019

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PETITIONER’S ANNEXURES:

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ANNEXURE A CERTIFIED COPY OF FINAL REPORT SUBMITTED BY
VARAPUZHA POLICE IN CRIME 615/15 AND THAT
TOOK ON FILE AS C.C.1139/15 BY JFCM
COURT-III, N.PARAVUR.

Aneesh v. Kerala State

Case brief

What is this about?

What did the court decide?

Aneesh v. Kerala State

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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