IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHANOJ – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 6049 OF 2022
| Table of Content |
|---|
| 1. request for quashing based on settled dispute. (Para 1 , 2) |
| 2. arguments regarding the absence of complainant affidavit. (Para 3 , 4 , 5) |
| 3. final ruling to quash proceedings. (Para 6) |
O R D E R Dated this the 24th day of February, 2026 The accused in CC. No.387/2015, now pending as L.P. No.10/2021 on the file of the Judicial First Class Magistrate Court, Kalamassery (Crime No.1218/2010 of Kalamassery Police Station), filed this Crl.M.C. under Section 482 of Cr.P.C., praying for quashing all further proceedings against him. The offence alleged against the petitioner is under Section 498 A of IPC .
2. The prosecution case is that the petitioner being the husband of the defacto complainant, subjected her to cruelty both physically and mentally on the ground of dowry and thereby they are alleged to have committed the aforesaid offence.
3. According to the learned counsel for the petitioner, the entire dispute between the petitioner and the defacto complainant has been settled. Therefore, he prayed for quashing all further proceedings against the petitioner.
4. Though it is alleged that the dispute has been settled between the petitioner and the defacto complainant, the petitioner has not produced the affidavit sworn to by the defacto complainant. According to the learned counsel for the petitioner, now the defacto complainant is settled in Banglore and that is why the petitioner could not produce her affidavit. Though notice was sent through post and email, so far she did not turn up.
5. The learned Public Prosecutor, upon instructions submitted that the defacto complainant contacted the SHO and stated that the matter has been settled with the petitioner and also that she does not want to proceed with this case. She also informed that now she married another person and living with him at Banglore and also that she does not want to return to Kerala. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner and as such this Crl.M.C. is liable to be allowed.
6. In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner CC. No.387/2015, now pending as L.P. No.10/2021 on the file of the Judicial First Class Magistrate Court, Kalamassery, arising out of Crime No.1218/2010 of Kalamassery Police Station, stands quashed.
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