This criminal original petition sought quashing of proceedings under Section 498-A IPC for alleged mental cruelty. The Court held that one isolated act of upbraiding does not amount to cruelty and allowed the petition, quashing the criminal case.
Proceedings in C.C.No.235 of 2014 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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP No.3024 of 2015 and M.P.No.1 of 2015
Ayyappan
..Petitioner
Vs
1.State rep by Sub Inspector of Police All Women Police Station Sathyamangalam Crime No.14 of 2014.
2.I.Varalakshmi .. Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.235 of 2014 on the file of the learned Judicial Magistrate Court, Sathyamangalam and quash the same as illegal, incompetent and ultra vires.
For Petitioner : Mr.R.Vijayan For Respondents : Mr.C.Emalias Addl.Public Prosecutor [for R1] Ms.R.Nirmala [for R2]
O R D E R
This petition has been filed to call for the records in C.C.No.235 of 2014
on the file of the learned Judicial Magistrate Court, Sathyamangalam and quash the same as illegal, incompetent and ultra vires.
Additional Public Prosecutor appearing for the State.
2
gms
P.N.PRAKASH, J.
I n the considered opinion of this Court, it is a fit case to quash the proceedings in C.C.No.235 of 2014. Accordingly, this petition is allowed and the proceedings in C.C.No.235 of 2014 on the file of the Judicial Magistrate, Sathyamangalam, are quashed. Consequently, connected miscellaneous petition is closed.
09.06.2016
(2/2)
gms
To
1.Sub Inspector of Police All Women Police Station Sathyamangalam.
3.The Public Prosecutor, High Court, Madras.
Crl.OP No.3024 of 2015
2 issues framed by the court
Whether proceedings in defamation and cruelty case be quashed as amounting to one isolated act of upbraiding that cannot amount to cruelty.
Whether it is a fit case to quash Criminal Proceedings under Section 482 Cr.P.C.
1 provisions across 1 enactments
Ayyappan
State rep by Sub Inspector of Police All Women Police Station Sathyamangalam
I.Varalakshmi
P.N.PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
