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. 993 of 2014 () -------------------------- IN CC9132013 of J.M.F.C.,VAIKOM CRIME NO. 682/2013 OF VAIKOM POLICE STATION, KOTTAYAM PETITIONER/ACCUSED: -------------------- JAYIN K.G., KORTHANTHARAYIL HOUSE, KIZHAKKUMCHERITHEKKEMURIYIL, NADUVILE VILLAGE, VAIKOM, KOTTAYAM. BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.NANDAGOPAL S.KURUP. RESPONDENT/RESPONDENT/COMPLAINANT: ---------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. STEMI S., FLAT NO.RCC, KALPPAKA GARDENS, CHALIKKAVATTOM KARA, KANAYANNOOR THALUK, ERNAKULAM-682 011. R2 BY ADV. SRI. JOY C PAUL BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON3001-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rvs/ Crl.MC.No. 993 of 2014 () APPENDIX PETITIONER(S)' ANNEXURES : -------------------------- ANNEXURE A- CERTIFIED COPY OF THE FINAL REPORT DATED0208.2013 IN C.C.NO.913/2013 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM. ANNEXURE B- AFFIDAVIT DATED2701.2014 SWORN BY THE2D RESPONDENT/DEFACTO-COMPLAINANT. RESPONDENT(S)' ANNEXURES : ------------------------- NIL. /true copy/ P.ATO JUDGE rvs/ K. RAMAKRISHNAN, J.
------------------------------------------------------------------ Crl.M.C. No.993 of 2014 --------------------------------------------------------------------- Dated this the 30th day of January, 2014 ORDER
This criminal miscellaneous case is filed by the accused in C.C.No.913/2013 on the file of the Judicial First Class Magistrate Court, Vaikom, to quash the proceedings, recoding composition under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code').
2. It is alleged in the petition that, the petitioner married the 2nd respondent and they were living together for sometime and thereafter mis-understanding arose between them, which resulted in initiating several litigations including a complaint under Section 498(A) of Indian Penal Code. The present case was registered on the basis of a private complaint, filed by the 2nd respondent, against the petitioner, alleging offence under Section 498(A), 323 and 506 of Indian Penal Code. There were other litigations pending between the parties before the Crl.M.C. No.993 of 2014 2 Family Court and other courts as well. The private complaint was forwarded to the police for investigation under Section 156(3) of the 'Code' and a case was registered as Crime No.682/2013 of Vaikom police station and after investigation final report was filed and that was taken on file as C.C.No.913/2013 on the file of the Judicial First Class Magistrate Court, Vaikom, and the case is pending before that court now. In the meantime, due to the intervention of family members and well-wishers of both the parties, all the disputes between them have been settled. The 2nd respondent has no complaint against the petitioner and they have decided to separate. There is no purpose in keeping the case on file, as no conviction will be possible in this case, as the defacto-complainant has no objection in quashing the proceedings. Since the offence under Section 498(A) is not a compoundable offence, they want the intervention of this court to quash the proceedings under Section 482 of the Code. Hence the petition. Crl.M.C. No.993 of 2014 3 3. Heard the learned counsel for the petitioner, learned Public Prosecutor and the counsel for the 2nd respondent.
4. The counsel for the 2nd respondent submitted that, the matter has been settled between the parties and the 2nd respondent has no objection in allowing the criminal miscellaneous case.
5. It is seen from the allegations in the petition and the documents produced that, the above case was registered on the basis of a private complaint filed by the 2nd respondent, who is the wife of the petitioner, against the petitioner alleging offences under Section 498(A), 323 and 506 of Indian Penal Code. The complaint was forwarded to the police for investigation under Section 156(3) of the 'Code' and on getting the complaint, Vaikom police had registered a case and after investigation, filed final report, which was taken on the file by the learned magistrate as C.C.No.913/2013. Crl.M.C. No.993 of 2014 4 6. It is also seen from the averments in the petition that the matter has been settled between the parties, and they have decided to separate. Other disputes between them were also settled due to the intervention of the family members and well-wishers. The 2nd respondent filed an affidavit produced as Annexure-B, swearing that the matter has been settled between the parties and she has no objection in quashing the proceedings, as she has no complaint against him now. 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.
7. In this case also, the parties have settled their disputes and decided to separate, on the basis of the Crl.M.C. No.993 of 2014 5 settlement arrived at between them due to the intervention of the family members and well-wishers. So considering the circumstances, I feel that it is a fit case where the power under Section 482 of the Code can be invoked to quash the proceedings as no purpose will be served by proceeding with the case, as the defacto-complainant will not support the case. So the application is allowed and the proceedings in C.C.No.913/13 (Crime No.682/2013 of Vaikom Police Station), on the file of the Judicial First Class Magistrate Court, Vaikom, against the petitioner is quashed. The office is directed to communicate this order to the concerned court, immediately. Sd/- K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss Crl.M.C. No.993 of 2014 6