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Jaison Johny Vs. Geemol Jaison

Jaison Johny vs Geemol Jaison

Type Court Judgment Court Kerala Decided Feb 05, 2014
~4 min read
https://sooperkanoon.com/case/1128790

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Jaison Johny

Respondent

Geemol Jaison

Excerpt

.....and submitted that, the first respondent has no objection in allowing the application, as the matter has been settled between the parties and they are now residing together happily.4. heard the learned public prosecutor as well.5. it is an admitted fact that the first petitioner married the first respondent and they lived together as husband and wife for some time. due to some mis- understanding between them, they separated and the crime has been registered on the basis of the statement given by the first respondent, alleging offences under section 498(a) read with section 34 of indian penal code, against the petitioners, who are the husband and in-laws of the first crl.m.c. no.1014 of 2014 3 respondent. now the investigation is only in the preliminary stage. due to the intervention of the family members and well-wishers, the matter has been settled between the parties and the first respondent and the first petitioner are now residing together. this was admitted by the counsel for the first respondent and also the same fact was reiterated in the annexure-b affidavit filed by the first respondent as well. in the decision reported in gian singh v. state of punjab [2012(4) klt108(sc)], the hon'ble supreme court has held that in family disputes, if the parties have settled the issues, due to the intervention of well-wishers and the family members and does not want to proceeded with the criminal prosecution initiated, then that must be honoured and the prosecution has to be quashed, invoking the power under section 482 of the code. being a family dispute and also considering the fact that the matter has been settled between them due to the intervention of family members and well-wishers and the spouses are crl.m.c. no.1014 of 2014 4 residing together, i feel that it is a fit case where the power under section 482 of the 'code' has to be invoked to quash the proceedings to promote the harmony among the spouses to lead a happy life as the pendency of the crime should not.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE5H DAY OF FEBRUARY201416TH MAGHA, 1935 Crl.MC.No. 1014 of 2014 () --------------------------- CRIME NO. 867/2013 OF PIRAVOM POLICE STATION , ERNAKULAM DISTRICT -------------------------------------- PETITIONER(S)/ACCUSED1TO3 -------------------------------------------------------- 1. JAISON JOHNY, AGED32YEARS, S/O.JOHNY, PUNCHALAYIL HOUSE, MANEED VILLAGE.

2. JOHNY P.K., AGED58YEARS, S/O.KURIAKOSE, PUNCHALAYIL HOUSE, MANEED VILLAGE.

3. LEELA JOHNY,AGED56YEARS, S/O.JOHNY, PUNCHALAYIL HOUSE, MANEED VILLAGE. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS/DEFACTO COMPLAINANT AND STATE : ---------------------------------------------------------------------------------- 1. GEEMOL JAISON, AGED26YEARS,D/O.MATHAI, PARAKKATTIL HOUSE, PALAKKAMATTOM KARA, KINGINIMATTOM P.O., KUNNATHUNADU.PIN-682 311 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.BYJU KURIAKOSE R2 BY PUBLIC PROSECUTOR SMT. S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON0502-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts Crl.MC.No. 1014 of 2014 () ------------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES: ----------------------------------------------- ANNEXURE-A. TRUE COPY OF THE FIR IN CRIME NO.867/2013 OF PIRAVOM POLICE STATION. ANNEXURE-B. AFFIDAVIT SWORN BY THE1T RESPONDENT DATED301/2014. RESPONDENT(S)' ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts K. RAMAKRISHNAN, J.

------------------------------------------------------------------ Crl.M.C. No.1014 of 2014 --------------------------------------------------------------------- Dated this the 5th day of February, 2014 ORDER

This criminal miscellaneous case is filed for quashing the proceedings in Crime No.867/2013 of Piravom Police Station, recording the composition under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').

2. It is alleged in the petition that the petitioners are accused in Crime No.867/2013 of Piravom Police Station. The case was registered on the basis of the statement given by the first respondent, who is the wife of the first petitioner, alleging offences under Section 498(A) read with Section 34 of Indian Penal Code, against the petitioners. During the pendency of the proceedings, the matter has been settled between the parties and they are now residing together. Since, it is a non-compoundable Crl.M.C. No.1014 of 2014 2 offence, police will not close the proceedings without the intervention of the court. So they want the intervention of the court to quash the proceedings, invoking the power under Section 482 of the 'Code'. Hence the petition.

3. The first respondent appeared through the counsel and submitted that, the first respondent has no objection in allowing the application, as the matter has been settled between the parties and they are now residing together happily.

4. Heard the learned Public Prosecutor as well.

5. It is an admitted fact that the first petitioner married the first respondent and they lived together as husband and wife for some time. Due to some mis- understanding between them, they separated and the crime has been registered on the basis of the statement given by the first respondent, alleging offences under Section 498(A) read with Section 34 of Indian Penal Code, against the petitioners, who are the husband and in-laws of the first Crl.M.C. No.1014 of 2014 3 respondent. Now the investigation is only in the preliminary stage. Due to the intervention of the family members and well-wishers, the matter has been settled between the parties and the first respondent and the first petitioner are now residing together. This was admitted by the counsel for the first respondent and also the same fact was reiterated in the Annexure-B affidavit filed by the first respondent as well. In the decision reported in Gian Singh v. State of Punjab [2012(4) KLT108(SC)], the Hon'ble Supreme Court has held that in family disputes, if the parties have settled the issues, due to the intervention of well-wishers and the family members and does not want to proceeded with the criminal prosecution initiated, then that must be honoured and the prosecution has to be quashed, invoking the power under Section 482 of the Code. Being a family dispute and also considering the fact that the matter has been settled between them due to the intervention of family members and well-wishers and the spouses are Crl.M.C. No.1014 of 2014 4 residing together, I feel that it is a fit case where the power under Section 482 of the 'Code' has to be invoked to quash the proceedings to promote the harmony among the spouses to lead a happy life as the pendency of the crime should not be a hurdle for their happy marital life. Further no purpose will be served in proceeding the investigation as well, as the witnesses are not going to support the prosecution case as well. So the application is allowed. Further proceedings in Crime No.867/2013 of Piravom Police Station, against the petitioners is quashed. Office is directed to communicate this order to the concerned court, to be informed to the concerned police station for necessary further action in this regard. Sd/- K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss

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