When a 498a quash order says ‘… financial claims were settled …’ How many lakhs / crores is that ??

There are 1000s of 498a cases where the woman takes money and happily agrees to quash. Generally the financial details are mentioned for the safety of both parties. However, we also see orders where even the amount is not mentioned !! Was it too big ? one wonders !!

 

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

WEDNESDAY, THE 2ND DAY OF JANUARY 2013/12TH POUSHA 1934

Crl.MC.No. 3438 of 2012 ()

PETITIONER(S)/ACCUSED:

  1. AJAY.G.R.
    S/O.LATE RAJAKUMAR, T.C. 1593-1, THIRUMALA P.O.
    THIRUVANANTHAPURAM.
  2. GEETHA, AGED 50 YEARS, W/O.LATE RAJAKUMAR, T.C.1593-1,
    THIRUMALA P.O., THIRUVANANTHAPURAM.

BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN

RESPONTENTS/COMPLAINANT:

  1. STATE OF KERALA
    REP. BY PUBLIC PROSECUTOR
    HIGH COURT OF KERALA-682 031.
    ERNAKULAM (CRIME NO.490/2011 OF
    POOJAPPURA POLICE STATION
    THIRUVANANTHAPURAM DISTRICT)
  • RINU, D/O.DR.V.JAYAPRAKASH,
    T.C. 13/731 (1), SIVAM, THARAPATHAM
    LANE, KUNNUKUZHY P.O., 695 004
    THIRUVANANTHAPURAM.

  • R2 BY ADV. SRI.KALLAMPALLY MANU
    BY PUBLIC PROSECUTOR SRI.V.H.JASMINE

    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
    02-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

    MNS

    Crl.MC.No. 3438 of 2012 ()

    APPENDIX

    PETITIONER(S) EXHIBITS:

    ANNEXURE-I: CERTIFIED COPY OF THE FIR IN CRIME NO.490/2011 OF
    POOJAPPURA POLICE STATION.

    ANNEXURE-II: ORIGINAL AFFIDAVIT SWORN BY THE SECOND RESPONDENT/
    DEFACTO COMPLAINANT DATED 25.05.2012.

    ANNEXURE-III: TRUE COPY OF THE AFFIDAVIT SWORN BEFORE THE NOTARY
    PUBLIC BY THE SECOND RESPONDENT.

    RESPONDENTS’ EXHIBITS:NIL

    //TRUE COPY//

    P.A TO JUDGE

    T.R. RAMACHANDRAN NAIR, J.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Criminal M.C.No.3438/2012
    ~~~~~~~~~~~~~~~~~~~~~~~~~~
    Dated this the 2nd day of January, 2013

    O R D E R

    The main prayer is to quash proceedings in Crime No.490/2011 of Poojappura Police Station, Thiruvananthapuram. Annexure-I is the copy of the First Information Report. The offences involved are under Section 498A read with Section 34 of the Indian Penal Code. The petitioners are accused Nos.1 and 2. The de facto complainant is the wife of the first accused and the second accused is her mother-in-law. The de facto complainant filed a private complaint which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure, pursuant to which the crime has been registered.

    1. It is averred that the disputes have been settled with the intervention of the mediators and others. The parties have now decided to separate and get the marriage dissolved.
  • Heard the learned Public Prosecutor, learned counsel for the petitioners and the learned counsel appearing for the second respondent.

  • The second respondent has filed an affidavit produced as Annexure-III herein along with Crl.M.Appln.No.62/2013. It reveals that the parties have filed a mutual divorce petition as O.P.No.1087/2011 before the Family Court, Thiruvananthapuram. In para.6, it is averred that the entire financial claims were settled and the second respondent has no objection in quashing the proceedings in the criminal case.

  • The learned Public Prosecutor also submitted that the parties have settled their disputes.http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

  • As the parties have settled the matter, learned counsel for the petitioners and the second respondent prayed for quashing the proceedings. They rely upon various Judgments of the Supreme Court, especially, in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)] and Joshi v. State of Haryana [2003 (2) KLT 1062 (SC)].

  • The legal position declared therein is that even if the offences are non compoundable, this Court can exercise jurisdiction under Section 482 of the Code of Criminal Procedure in a fit case. Herein, criminal case arose only due to the private disputes between the parties. Therefore, in view of the subsequent developments, it is not necessary to proceed with the criminal case.

  • Accordingly, the criminal miscellaneous case is allowed. Further proceedings in Crime No.490/2011 of Poojappura Police Station will stand quashed. No costs.

  • Sd/-

    (T.R. Ramachandran Nair, Judge.) ms

    *****************************disclaimer**********************************
    This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.


    CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
    *******************************************************************************

     

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