Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE30H DAY OF JANUARY201410TH MAGHA, 1935 Crl.MC.No. 974 of 2014 -------------------------------- CRIME NO. 649/2013 OF CHEVAYUR POLICE STATION , KOZHIKODE ------------- PETITIONER(S)/ACCUSED1TO4 DEFACTO COMPLAINANT AND INJURED: ---------------------------------------------------------------------------------------------------------- 1. RAJITH KUMAR, PILALIKULANGARA HOUSE, P.O.VENGERI, VENGERI AMSOM KOZHIKODE TALUK.
2. RAVINDRAN, PILALIKULANGARA HOUSE, P.O.VENGERI, VENGERI AMSOM KOZHIKODE TALUK.
3. PUSHPALATHA, PILALIKULANGARA HOUSE, P.O.VENGERI, VENGERI AMSOM KOZHIKODE TALUK.
4. RAGESH, PILALIKULANGARA HOUSE, P.O.VENGERI, VENGERI AMSOM KOZHIKODE TALUK.
5. SHEEBA, W/O.RAJITH KUMAR, HOUSE NO.738, MALAYAMMANTHODI KARIVUSSERY, KOZHIKODE DISTRICT.
6. PADMINI.P HOUSE NO.738, MALAYAMMANTHODI, KARIVUSSERY KOZHIKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS/COMPLAINANT & STATE: ----------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION-673 017.
2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 030. BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON3001-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ Crl.MC.No. 974 of 2014 -------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE1 CERTIFIED COPY OF THE FIR IN CRIME NO.649/2013, DATED2210.2013 REGISTERED BY THE CHAVAYOOR POLICE AND SENT TO JUDICIAL1T CLASS MAGISTRATE COURT I, KOZHIKODE. ANNEXURE2 CERTIFIED COPY OF THE AGREEMENT EXECUTED BETWEEN THE PARTIES DATED1001.2014. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ K. Ramakrishnan, J.
============================== Crl.M.C.No.974 of 2014 ============================== Dated this, the 30th day of January, 2014. ORDER
This is an application filed by petitioners to quash Annexure-1 First Information Report on the basis of settlement under Section 482 of Code of Criminal Procedure.
2. The crime was registered on the basis of a private complaint filed by the 5th petitioner against petitioners 1 to 4 and alleging offence under Section 498A, 324 read with Section 34 of Indian Penal Code. Further allegation in the complaint was that, they attacked the 6th petitioner and she is sustained injuries as well. Due to the intervention of the family members and other well wishers, the matter has been settled between the parties and the complaint itself was filed on the basis of some misunderstanding between the first petitioner and the 5th petitioner and that has been resolved and Annexure-A2 agreement was entered into between the parties and on that basis they have started residing together. So, they want to record the composition and quash the proceedings as no purpose will be served by proceeding with the matter in this regard. Hence the petition. Crl.M.C.No.974 of 2014 :
2. :
3. Heard the Counsel for the petitioner and the learned Public Prosecutor.
4. It is seen from the documents produced that, on the basis of a private complaint filed by 5th petitioner against petitioners 1 to 4, Annexure-A1 First Information Report was registered as Crime No.649/13 of Chevayoor police station for offences under Section 498A, 324 read with Section 34 of Indian Penal Code. The 6th petitioner is the mother of the 5th petitioner. The matter has been settled between the parties as evident from Annexure-A2 agreement. It is seen from Annexure-A2 that the misunderstanding between first petitioner and 5th petitioner has been resolved and they have decided to reside together. It is also mentioned in the petition that they are now living happily. In the decision reported in Gian Singh v. State of Punjab 2012 (4) KLT108(SC), the Honourable Supreme Court has held that compounding offence under Section 320 of Code of Criminal Procedure and quashing criminal proceedings under Section 482 are different and distinct and the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with such proceedings in view of the settlement and compromise reached. Further, in the same decision, it has been held in Crl.M.C.No.974 of 2014 :
3. : cases where family disputes are involved and the matter has been settled between the parties due to the intervention of well wishers and harmony has been brought in the matrimonial home, then that must be accepted and further criminal proceedings in such matters have to be quashed invoking the power under Section 482 of Code of Criminal Procedure.
5. Considering the fact that it is a matrimonial dispute and all the conflict between the parties have been resolved and they have decided to reside together and they are residing together, I feel that it is a fit case where the power under Section 482 of Code of Criminal Procedure has to be invoked to quash Annexure-A1 First Information Report as no purpose will be served by proceeding with the investigation. So, the application is allowed recording Annexure-2 composition and further proceedings in Annexure-A1 First Information Report in Crime No.649/13 of Chevayoor police station is quashed. Communicate this order to the concerned court so as to inform the concerned police station. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge