Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF APRIL 2021 / 10TH VAISAKHA, 1943 Crl.MC.No.1896 OF 2021(F) AGAINST THE ORDER/JUDGMENT IN CC 151/2021 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA CRIME NO.191/2013 OF CHAVARA POLICE STATION, KOLLAM PETITIONER/ACCUSED(ORIGINAL ACCUSED NO.1): SAKEER AGED 45 YEARS S/O. KHADER KUNHU, PALLIYUDE VADAKKETHIL HOUSE, VADAKKUMTHALA VILLAGE, KOLLAM DISTRICT, PIN-690 536. BY ADV. SRI.K.S.PRAVEEN RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031 2 THE STATION HOUSE OFFICER CHAVARA POLICE STATION, KOLLAM DISTRICT - 691583. 3 MUHSINA AGED 31 YEARS D/O. IBRAHIMKUTTY, VALIYAVILAYIL VEEDU, PADINJATTAKARA, THEVALAKKARA, KOLLAM DISTRICT, PIN- 690 524. R3 BY ADV. MUHYUDHEEN.M SMT SHYLAJA S.L, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.DIAS, J.
=========================== Crl.M.C.No.1896 of 2021 ============================ Dated this the 30th day of April, 2021
ORDER
This petition is filed under Section 482 of the Code of Criminal Procedure.
2. The petitioner is the 1st accused in Crime No.191
of 2013 of the Chavara Police Station registered against him for offences punishable under Section 498A r/w Section 34 of the Indian Penal Code. Annexure A is the final report filed by the police.
3. The prosecution allegation against the petitioner
is that he got married the 3rd respondent on 10.08.2009. During the subsistence of the marriage, the accused demanded more dowry from the 3rd respondent and subjected her to matrimonial cruelty.
4. Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor appearing for the respondents 1 and 2 and the learned counsel appearing for the 3rd respondent. Perused the records.
5. The learned counsel for the petitioner submitted that with the intervention of well-wishers, the subject matter in dispute between the petitioner and the third
respondent has been settled out of court. The learned counsel appearing for the 3rd respondent submitted that the third respondent has filed Annexure B affidavit, inter- alia, stating that she has no subsisting grievance against the petitioner and is no longer desirous of pursuing the matter any further. The learned counsel vouched for the signature of the 3rd respondent.
6. The learned Public Prosecutor, on instructions, reported that the investigating officer has ascertained the genuineness of the settlement and that the 3 rd respondent has admitted the execution of Annexure B affidavit. The State has no serious objection in the petition being allowed.
7. The Hon'ble Supreme Court in Gian Singh Vs. State of Punjab [2012 (10) SCC 303] and Parbatbhai
Aahir @ Parbatbhai Bhimsinhbhai Karmur and others vs. State of Gujarat and another [(2017) 9 SCC 641] has held that in facts and circumstances of a case and to secure the ends of justice, where the High Court is satisfied that an amicable settlement has been arrived between the parties and the offence is not serious in nature involving mental depravity, criminal proceedings may be quashed.
8. After considering the facts and circumstances of
the case and on being convinced that ends of justice would justify the exercise of the inherent power of this Court, particularly since the alleged offences are not serious in nature, no public interest is involved, the chances of conviction is remote, the continuation of the proceeding would only be wastage of judicial time and the settlement would augur harmony, I am satisfied that the petition is to be allowed. In the result, this Criminal M.C is allowed. Annexure A-final report in Crime No.191 of 2013 of the Chavara Police Station and all further proceedings in C.C.No.151 of 2021 of the Judicial First Class Magistrate Court, Chavara, Kollam District as against the petitioner are quashed.
Sd/- C.S.DIAS JUDGE mpm APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A TRUE COPY OF THE FINAL REPROT/ CHARGE IN CRIME NO. 191/2013 OF THE CHAVARA POLICE STATION. ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED 7.3.2021. ANNEXURE C TRUE COPY OF THE ORDER DATED 9.3.2021 IN CRL.M.C. NO.526/2020 OF THIS HONBLE COURT.