Kerala High Court Quashes FIR In Pantheerankavu Domestic Violence Case After Settlement Between Parties
The Kerala High Court has allowed the petition moved by Rahul P. Gopal and his family in the Pantheerankavu domestic violence case to quash the FIR lodged against them.Justice A. Badharudeen granted relief after noting that the complainant/ wife had settled the matter with her husband and the couple was now residing together.The Court observed:“...since the defacto complainant...
The Kerala High Court has allowed the petition moved by Rahul P. Gopal and his family in the Pantheerankavu domestic violence case to quash the FIR lodged against them.
Justice A. Badharudeen granted relief after noting that the complainant/ wife had settled the matter with her husband and the couple was now residing together.
The Court observed:
“...since the defacto complainant conceded settlement in this matter arose out of matrimonial dispute, there is no justification for this Court to stand in the way for keeping them in rivalry under the veil of litigation.”
The wife had accused her husband and in-laws of physical assault and attempt to murder by strangulation. All the 4 accused were booked under Sections 324 (hurt by dangerous weapons), 498A (cruelty by husband or relatives), 307 (attempt to murder), and 212 (Harboring offender) of the Indian Penal Code.
Later, the woman sought to withdraw her complaint stating that they had ordinary quarrels which could happen between any couple. The Police had however opposed the quashing petition, claiming that the woman was seriously injured when she came to the police station and the alleged compromise between the parties must be an outcome of pressure and threats.
The Court had therefore sent the couple for counselling through Kerala Legal Service Authority (KeLSA).
In its sealed report, the Counsellor detailed the genesis of the case and recommended counselling for the parents of the spouses. However, the Court found this suggestion unnecessary and allowed the quashing petition.
Counsel for the Petitioners: Advocate Joseph Antony C.
Case No: Crl.M.C. 5187 of 2024
Case Title: Rahul P. Gopal and Others v State of Kerala and Others
Citation: 2024 LiveLaw (Ker) 670