Full Judgment
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 193 Crl.MC.No. 3663 of 2012 (C) -------------------------- CC.872/2011 of J.M.F.C.-II,KOTTARAKKARA PETITIONER(S)/ACCUSED : ---------------------- BINU S/O. GOPALAN, SUBA VILASAM, KARAKKADU KADAKKAL, KOLLAM. BY ADV. SRI.LIJU. M.P RESPONDENT(S)/DE-FACTO COMPLAINANT & COMPLAINANT: ------------------------------------- 1. SANDHYA D/O. SUNITHA, SUNITHA BHAVAN, KARAKKADU LEKSHAM VEEDU, KADAKKAL VILLAGE, KOLLAM.
2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.VINOD KUMAR.C R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3663 of 2012 (C) APPENDIX PETITIONER(S) EXHIBITS ANNEXURE A: TRUE COPY OF THE F.I.R. IN CRIME NO.933/11 OF KADAKAL POLICE STATION, KOLLAM DISTRICT. ANNEXURE B: CERTIFIED COPY OF FINAL REPORT IN CRIME NO.933/11 OF KADAKKAL POLICE STATION. ANNEXURE C: TRUE COPY OF THE SETTLEMENT DEED DATED 13 7.2012 PRODUCED IN O.P.NO.1082/11 AND M.C.NO.264/11 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA. ANNEXURE D: TRUE COPY OF THE RECEIPT DATED 19 11.2012 SIGNED BY 1ST RESPONDENT. ANNEXURE E: TRUE COPY OF THE AFFIDAVIT SWORN BY 1ST RESPONDENT HEREIN DATED 19 11.2012. RESPONDENTS' EXHIBITS : NIL //True copy// P.A. TO JUDGE Shg/ T.R. RAMACHANDRAN NAIR, J.
--------------------------------------- Crl. M.C. No.3663 OF 201.--------------------------------------- Dated this the 2nd day of January, 2013. ORDER
The petitioner is arrayed as accused in C.C.No.872/2011 on the file of the Judicial First Class Magistrate Court-II, Kottarakkara alleging offence under Section 498A of Indian Penal Code. Annexure-A is a copy of the First Information Report in Crime No.933/2011 of Kadakkal Police Station and Annexure-B is a copy of the final report.
2. It is submitted that the disputes have been settled between the parties and Annexure-C is a true copy of the settlement deed dated 13.07.2012 filed in O.P.No.1082/2011 and M.C.No.269/2011 on the file of the Family Court, Kottarakkara. It is stated that the petitioner has paid the amounts payable and Annexure-D is a copy of the receipt produced in support of the above plea. Annexure E is the affidavit filed by the de facto complainant herein stating that the disputes have been settled. As per the settlement, the parties have separated. Crl.M.C.No.3663/201”
3. In the light of the above, learned counsel for the petitioner prays for quashing of the criminal complaint itself. Learned Public Prosecutor also submitted that the disputes have been settled. Learned counsel for the 1st respondent submitted that all the conditions of settlement have been satisfied by the petitioner.
4. In the light of the decision of the Apex Court in Gian Singh vs. State of Punjab (2012 (4) KLT 10.(SC)), in a dispute of this nature, the jurisdiction under Section 482 Cr.P.C can be exercised by this Court to quash the criminal case involving matrimonial disputes namely, a dispute purely of private nature, and in the facts of this case, this Court will be justified in exercising the said jurisdiction. As the parties have settled their disputes, there will not be any purpose in prosecuting the criminal case which arose during the period where substantial differences were there between the parties. In the light of the change of mind, the parties are well justified in seeking for a relief as sought for. The Crl.M.C. is allowed and all the proceedings in Crl.M.C.No.3663/2012 3 C.C.No.872/2011 on the file of the Judicial First Class Magistrate Court-II, Kottarakkara will stand quashed. T.R. RAMACHANDRAN NAIR JUDGE smp