Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH THURSDAY, THE 25 DAY OF JANUARY 2024 / 5TH MAGHA, 1945 CRL.MC NO. 8020 OF 2023 CRIME NO.1019/2021 OF Thadiyittaparamba Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT CC 244/2022 OF JMFC, KAKKANAD (TEMPORARY) PETITIONER/ACCUSED: VIJU THOMAS AGED 53 YEARS S/O THOMAS, PANAYIL HOUSE, MALAYIDAMTHURUTH, KAIZHAKAMABALAM, ERNAKULAM, PIN - BY ADV C.P.TENNY RESPONDENTS/COMPLAINANT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 BINCY MATHAI AGED 41 YEARS D/O. MATHAI, KARIPAKKADAN HOUSE, THURUTHY P.O, KURUPPAMPADDY, PERUMBAVOOR, PIN - SR.PP-SRI.RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 25th day of January , 2024 This Crl.M.C., under Section 482 of Cr.P.C., is filed by the sole accused in Crime No.1019 of 2021 of Thadiyittaparamba Police Station, Ernakulam, registered under Section 498A of IPC for quashing Annexure A1 FIR and Annexure A2 final report in C.C.No.244 of 2022 on the file of Judicial First Class Magistrate Court, Kakkanad.
2. The prosecution allegation is that, the accused, who is the husband of the defacto complainant/2nd respondent, subjected her to matrimonial cruelties, demanding more gold and money.
3. When the matter is taken up for consideration,
learned counsel for the petitioner submitted that the matter stands settled between himself and the defacto complainant/2nd respondent. The defacto complainant entered appearance through counsel, and submitted that the matter is settled, and Annexure A3 is the affidavit filed by her, endorsing the settlement. Neither she has any intention to proceed with the prosecution, nor any objection in quashing the proceedings pending against the petitioner pursuant to Crime No.1019 of 2021 of Thadiyittaparamba Police Station.
4. On instructions, learned Public Prosecutor submitted
that the matter is settled, and he produced signed statement of the 2nd respondent, to the effect that she is not intending to proceed with the prosecution, and she has no objection in quashing Annexure A1 FIR and Annexure A2 final report in C.C.No.244 of 2022.
5. Since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioner.
6. In the light of the principles laid down by the Apex
Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)], and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the proceedings against the petitioner can be quashed on the basis of settlement. Moreover, the dispute is purely personal in nature, and no public interest is involved in it. In the result, this Crl.M.C. is allowed and Annexure A1 FIR and Annexure A2 final report in C.C.No.244 of 2022 on the file of Judicial First Class Magistrate Court, Kakkanad, stand quashed. Sd/- SOPHY THOMAS JUDGE SSK/25/01
APPENDIX OF CRL.MC 8020/2023 PETITIONER ANNEXURES Annexure A1 ACCUSED COPY OF THE F.I.R IN CRIME NO. 1019 OF 2021 OF THADIYITTAPARAMBU POLICE STATION, ERNAKULAM DATED 30.12.2021 Annexure A2 ACCUSED COPY OF THE FINAL REPORT IN CRIME NO. 1019 OF 2021 OF THADIYITTAPARAMBU POLICE STATION, ERNAKULAM DATED 31.03.2022 Annexure A3 TRUE COPY OF THE AFFIDAVIT SWORN BY 2ND RESPONDENT DATED 22.09.2023