FIRST CLASS ,IRINJALAKUDA v. STATE OF KERALA
Case at a glance
Outcome
Quashed
First Class Magistrate Court, Irinjalakuda, are quashed
Provisions considered
- Indian Penal Code, 1860 s. 498A
Key paragraphs
- Para 33. Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit, the contents of which are vouched to be true and voluntary by the learned Counsel for the 3rd respondent, I am satisfied that no public interest…
Judgment
FIRST CLASS ,IRINJALAKUDA PRAVEEN AGED 44 YEARS S/O PRAKASAN ,ANAKKATHIL HOUSE, CHELOOR DESAM, MANAVALASSERY VILLAGE, THRISSUR DISTRICT, PIN - 680121 BY ADVS. SAIJO HASSAN RAJALAKSHMI R. RESPONDENT(S): 1 2 3 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 THE STATION HOUSE OFFICER IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT, PIN - 680125 PRIYATHA AGED 40 YEARS D/O PANANGATTIL LOHITHAKSHAN, W/O ANAKKATHY PRAVEEN CHELOOR, IRINJALAKUDA P.O., IRINJALAKUDA MUNICIPALITY, THRISSUR DISTRICT, PIN – 680121 BY SR PP PREETHA K.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 9336 OF 2023 -2-
O R D E R Petitioner is the accused in Crime No.147 of 2023 registered at the Irinjalakuda Police Station, Thrissur, for the offence punishable under Section 498A of IPC, now pending as C.C.No.394 of 2023 on the files of the Judicial First Class Magistrate Court, Irinjalakuda. The de facto complainant is arrayed as the 3rd respondent. Annexure 3 affidavit has been filed by the 3rd respondent stating that the dispute, which had compelled her to file the complaint, leading to registration of the crime, has been settled amicably and she has no subsisting grievance against the petitioner.
Heard the learned Public Prosecutor also, who, on instructions, submits that no criminal antecedents are reported against the petitioner.
Operative part
Having considered the gravity of the offences alleged, nature of the injury caused and having perused the affidavit, the contents of which are vouched to be true and voluntary by the learned Counsel for the 3rd respondent, I am satisfied that no public interest is involved in this matter and the dispute has been settled CRL.MC NO. 9336 OF 2023 -3- amicably. Moreover, in view of the settlement arrived at between the parties, there is no possibility of the criminal proceedings ending in conviction. As such, continuance of the proceedings will amount to an abuse of process of court and hence, in view of the legal position set out by the Honourable Supreme Court in Madan Mohan Abbot v State of Punjab [(2008) 4 SCC 582] and Gian Singh v State of Punjab and Another [(2012) 10 SCC 303], there is no impediment in granting the relief. In the result, this Crl.M.C is allowed. Annexure 2 Final Report and all proceedings in C.C.No.394 of 2023 on the files of the Judicial First Class Magistrate Court, Irinjalakuda, are quashed. Sd/- V.G.ARUN JUDGE
28.02.2024 CRL.MC NO. 9336 OF 2023 -4- APPENDIX OF CRL.MC 9336/2023 PETITIONER ANNEXURES Annexure1 Annexure 2 Annexure 3 CERTIFIED COPY OF THE FIR IN CRIME NO. 147/2023 OF IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT DATED 01.02.2023 CERTIFIED COPY OF THE FINAL REPORT AS CCNO.394/2023 DATED 10.03.2023 ON THE FILE OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, IRINJALAKUDA TRUE COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT DATED 18.09.2023
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: First Class Magistrate Court, Irinjalakuda, are quashed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 498A.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.