Meera vs State of Kerala

MEERA vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 01, 2024

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Citation: sooperkanoon.com/1307335
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Mar 01, 2024
Case Number: Crl.MC/1240/2024

Parties & Advocates

Appellant / Petitioner

MEERA

Respondent

State of Kerala

Excerpt

.....rural, thrissur district,, pin -other present: sr.gp.k.p.harish this criminal misc. case having come up for admission on 01.03.2024, the court on the same day passed the following:orderdated this the 01st day of march, 2024 petitioner is the de facto complainant in crime no.1088 of 2023 registered at the anthikkad police station for the offences under sections 498a, 323 and 324 of ipc. the crime was registered on the allegation that after the petitioner's marriage with the third respondent, he along with his mother and sister harassed the petitioner demanding dowry. the petitioner also raised allegation of the physical harassment at the hands of respondents 3 to 5.2. this crl.m.c is filed seeking to quash thecrime registered at the petitioner's instance on the premise that the matrimonial dispute which had prompted the petitioner to file the complaint was subsequently settled amicably and the petitioner is living with the third respondent and his family. in support of the above submission, the petitioner has also filed an affidavit.3. i heard learned public prosecutor also.4. having considered the gravity of theoffences 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 petitioner, i am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. 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 a1 fir and all proceedings in crime no.1088 of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 CRL.MC NO. 1240 OF 2024 CRIME NO.1088/2023 OF Anthikad Police Station, Thrissur PETITIONER/S: MEERA AGED 22 YEARS MANIKANDAN, KALICHATH HOUSE, CHAZHOOR DESOM, THRISSUR RURAL, THRISSUR DISTRICT, KERALA,, PIN - 680571 BY ADV K.RAJESH KANNAN RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER ANTHIKKAD POLICE STATION, THRISSUR RURAL, THRISSUR DISTRICT, PIN 680641, PIN - 680641 3 ADARSH AGED 26 YEARS S/O ASOKAN, CHAZHUPURAKKAL HOUSE, CHETTAKULAM DESOM, CHAZHOOR VILLAGE, THRISSUR RURAL, THRISSUR DISTRICT,, PIN - 680571 4 SINDHU AGED 46 YEARS W/O ASOKAN, CHAZHUPURAKKAL HOUSE, CHETTAKULAM DESOM, CHAZHOOR VILLAGE, THRISSUR RURAL, THRISSUR DISTRICT,, PIN - 680571 5 RADHA AGED 30 YEARS CHAZHUPURAKKAL HOUSE, CHETTAKULAM DESOM, CHAZHOOR VILLAGE, THRISSUR RURAL, THRISSUR DISTRICT,, PIN -
OTHER PRESENT: SR.GP.K.P.HARISH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 01st day of March, 2024 Petitioner is the de facto complainant in Crime No.1088 of 2023 registered at the Anthikkad Police Station for the offences under Sections 498A, 323 and 324 of IPC. The crime was registered on the allegation that after the petitioner's marriage with the third respondent, he along with his mother and sister harassed the petitioner demanding dowry. The petitioner also raised allegation of the physical harassment at the hands of respondents 3 to 5.

2. This Crl.M.C is filed seeking to quash the

crime registered at the petitioner's instance on the premise that the matrimonial dispute which had prompted the petitioner to file the complaint was subsequently settled amicably and the petitioner is living with the third respondent and his family. In support of the above submission, the petitioner has also filed an affidavit.

3. I heard learned Public Prosecutor also.

4. 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 petitioner, I am satisfied that no public interest is involved in this matter and the dispute has been settled amicably. 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 A1 FIR and all proceedings in Crime No.1088 of 2023 registered at the Anthikkad Police Station, are quashed. Sd/- V.G.ARUN JUDGE Scl/ APPENDIX OF CRL.MC 1240/2024 PETITIONER ANNEXURES

Annexure A1        CERTIFIED COPY OF THE F.I.R. IN CRIME
                   NO.1088/2023     OF   ANTHIKKAD    POLICE
                   STATION,    THRISSUR   (RURAL)   DISTRICT

DATED 13.9.2023 Annexure A2 ORIGINAL AFFIDAVIT DATED 15.1.2024 SWORN BY THE PETITIONER/DE-FACTO COMPLAINANT

Same Court & Year Kerala · 2024 Same Parties MEERA vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun