IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY,THE28H DAY OF FEBRUARY20149TH PHALGUNA, 1935 Crl.MC.No. 1023 of 2014 (E) --------------------------------------- [C.C.NO.356/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-V KOZHIKODE, CRIME NO. 85/2006 OF BEYPORE POLICE STATION,KOZHIKODE] ......... PETITIONER: ------------------- SAINABHA.K, 40 YEARS, D/O.KUNHIKOYA, `AMINAS', KARUNTHODATH PARAMBA, THAVALAKULAM ROAD, NORTH BEYPORE, NADUVATTOM VILLAGE, KOZHIKODE THALUK. BY ADV. SRI.SANJEEV MARAKKATH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, BEYPORE POLICE STATION, KOZHIKODE BEYPORE P.S, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. KHALID, 49 YRS., S/O.SAIDALI, RESIDING AT "THAYAN KANDI PARAMBA", KORAMBAYIL ROAD, KOTTADATH BAZAR, ELATHUR, KOZHIKODE, PIN- 673 303. R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE, R2 BY ADV. SRI.MANJERI SUNDER RAJ.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2802-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. CRL.M.C. NO.1023/2014-E: APPENDIX PETITIONER'S ANNEXURES: ANNEXURE1 COPY OF CRIME F.I.R NO.85/2006 OF KOZHIKODE BEYPORE POLICE. ANNEXURE2 COPY OF PRIVATE COMPLAINT BY THE PETITIONER BASED ON WHICH ANNEXURE1F.I.R WAS REGISTERED. ANNEXURE3 COPY OF THE M.C30OF2010UNDER D.V ACT. ANNEXURE4 COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND2D RESPONDENT. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K. Ramakrishnan, J.
============================== Crl.M.C.No.1023 of 2014 ============================== Dated this, the 28th day of February, 2014. ORDER
This is an application filed by the de facto complainant herself to quash the proceedings in C.C.No.356/08 pending before the Judicial First Class Magistrate Court No-V, Kozhikode, and M.C.No.30/10 pending before the Judicial First Class Magistrate Court No-V, Kozhikode under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that petitioner is the de facto complainant and second respondent is the husband of the petitioner. On the basis of the complaint filed by her, Annexure A1 crime was registered as Crime No.85/06 of Beypore Police Station against the second respondent and his mother and sister alleging offences under Sections.323, 340, 498A, 406 & 506(i) read with Section 34 of Indian Penal Code and thereafter, after investigation, final report was filed and it is now pending as C.C.No.356/08 on the file of the Judicial First Class Magistrate Court, No-V, Kozhikode. She had also filed complaints before the Judicial First Class Magistrate Court, No- V, Kozhikode against the second respondent alleging domestic Crl.M.C.No.1023 of 2014 :
2. : violence under the provisions of the Protection of Women from Domestic Violence Act, 2005 and that is pending as M.C.No.30/10 before the same court. Now, the matter has been settled between the parties as per Annexure 4 and they have decided to reside together and now residing together. Since the offence alleged is non-compoundable in nature, the court will not allow composition. So, petitioner has no other remedy except to approach this court seeking the following relief: "To pass order quashing entire prosecution proceedings in CC3562008 pending in JFCM Court V Kozhikode, based on Annexure 1 Kozhikode Beypore Police Crime FIR No.85/2006 and Annexure 2 private complaint and DV Act proceedings in Annexure 3 MC30of 2010 by the Petitioner against the 2nd respondent and relatives in view of full and final settlement as per Annexure 4 agreement." 3. Second respondent appeared through Counsel and submitted that the matter has been settled between the parties due to the intervention of mediators and well wishers and they are now residing together.
4. Heard the Counsel for the petitioner and the learned Public Prosecutor as well.
5. It is an admitted fact that on the basis of the complaint given by the de facto complainant who is the Crl.M.C.No.1023 of 2014 :
3. : petitioner herein as Annexure 2 against the second respondent and his mother and sister alleging offences under Sections.498A, 340, 323, 406 and 506(i) read with Section 34 of Indian Penal Code which was forwarded to the police for investigation by the learned magistrate under Section 156(3) of Code of Criminal Procedure, Annexure 1 First Information Report was registered as Crime No.85/06. It is also an admitted fact, after investigation, final report was filed and it is now pending before the Judicial First Class Magistrate Court No-V, Kozhikode as C.C.No.356/08. It is also an admitted fact that petitioner filed Annexure 3 complaint before the Judicial First Class Magistrate Court No-V, Kozhikode, against the present second respondent and his sister under the provisions of the Protection of Women from Domestic Violence Act, 2005 and that is pending as M.C.No.30/10 before that court. It is alleged in the petition that due to the intervention of mediators, the matter has been settled and Annexure 4 agreement was entered into between them. The terms of settlement has been materialized as well. It is also seen from the settlement that parties have now united and they are living together as husband and wife.
6. As regards the complaint under the Domestic Crl.M.C.No.1023 of 2014 :
4. : Violence Act is concerned, the petitioner herself can move that court for withdrawal of the complaint and it is not necessary for this court to invoke the power under Section 482 of Code of Criminal Procedure to quash that proceedings.
7. 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 their issues due to the intervention of well wishers and family members and does not want to proceed 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 of Criminal Procedure.
8. In view of the dictum laid down in the above decision and also considering the fact that it is a matrimonial dispute and due to the intervention of mediators, they have joined together and leading a happy life, this court feels that it is a fit case where the power under Section 482 of Code of Criminal Procedure has to be invoked to quash the entire proceedings in C.C.No.356/08 pending before the Judicial First Class Magistrate Court, No-V, Kozhikode, in order to promote the settlement and allow them to lead a happy married life which resulted due to the settlement. As regards the case Crl.M.C.No.1023 of 2014 :
5. : against the second respondent and his sister filed under the Domestic Violence Act and pending as M.C.No.30/10 is concerned, the petitioner herself can move the concerned court for withdrawal of the complaint on the basis of the settlement for which the power under section 482 of Code of Criminal Procedure need not be invoked. So, the petition is allowed in part and further proceedings in C.C.No.356/08 (Crime No.85/06 of Beypore Police Station) pending before the Judicial First Class Magistrate Court No -V, Kozhikode, as against all the accused persons including the second respondent is quashed. The petitioner is at liberty to move the magistrate court to withdraw M.C.No.30/10 pending before that court in view of the settlement arrived between the parties and considering the fact that they are living together now as it is not necessary to proceed with. Office is directed to communicate this order to the concerned court for further action. Sd/- K.Ramakrishnan, Judge. Bb [True copy] P.A to Judge