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The court noted that the couple had confirmed their willingness to withdraw the case, describing their conflicts as ordinary marital quarrels
The Kerala High Court has quashed the FIR against Rahul P. Gopal and his family in the Pantheerankavu domestic violence case after the accused and the complainant filed a petition before the High Court seeking to dismiss the case. The court, presided over by a Single judge bench of Justice A. Badharudeen, stated that, “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 FIR, registered at the Pantheerankavu Police Station, stemmed from serious allegations made by the complainant. She accused her husband and his family members of offences under Sections 324 (hurt by dangerous weapons), 498A (cruelty by husband or relatives), 307 (attempt to murder), and 212 (harbouring offender) of the Indian Penal Code (IPC). The complainant claimed that Rahul had physically assaulted her on May 12, 2024, and attempted to strangle her with a cable wire, while his family members allegedly assisted in the act.
However, the complainant later took to social media, posting a YouTube video in which she claimed the allegations against her husband were fabricated. Following this, the couple approached the court, asserting that they had reconciled their differences and wished to move forward together.
Pertinently, the quashing petition was opposed by the Police, arguing that the woman was seriously injured when she reported to the police station and suggested that the alleged compromise could be the result of coercion or threats.
On August 14, 2024, the court passed an interim order, acknowledging the seriousness of the allegations but also recognizing the couple's intention to reunite. The court referred them to counselling through the Kerala Legal Service Authority (KeLSA) to ensure that any settlement was genuine and consensual. The counselling session took place, and a sealed report was submitted to the court.
After reviewing the report from the Counsellor, the court noted, “the petitioner and the defacto complainant said that they had only quarrels that could happen in the life of any husband and wife and both requested withdrawal of the case.” The court observed that, although serious allegations were initially made, the matter was essentially a matrimonial dispute that had been amicably resolved.
As a result, the court allowed the petition and ordered that the FIR registered against the petitioners be quashed.
Cause Title: Rahul P. Gopal and Others v State of Kerala and Others [Crl.M.C. 5187 of 2024]
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