Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943 CRL.MC NO. 3487 OF 2021 AGAINST THE ORDER/JUDGMENT IN CC 58/2021 OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR CRIME NO.104/2021 OF THRISSUR TOWN EAST POLICE STATION, THRISSUR PETITIONER/ACCUSED: PRASEED K., AGED 37 YEARS S/O RAVI PRASAD, CHAITHRAM, KOTTILIL LANE, AYYANTHOLE VILLAGE, KANATTUKARA DESOM, THRISSUR TALUK, THRISSUR DISTRICT- 680003 BY ADV RAJIT RESPONDENTS/STATE/DEFACTO COMPLAINANT/VICTIM:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM 682 031 2 VINEETHA AGED 30 YEARS D/O NANDAKUMAR, KUYILATH HOUSE, THALAKOTTUKARA DESOM, CHIRANELLOOR, THALAPILLY TALUK, THRISSUR DISTRICT 680 683 BY ADV V.V.JOY OTHER PRESENT: PP .SEENA.C THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 13th day of September,2021 Petitioner is the accused in C.C.No.58/2021 on the file of the Chief Judicial Magistrate Court, Thrissur arising out of crime No.104/2021 of Thrissur Town East Police Station, which is registered under Sections 323 and 498(A) IPC. This Crl.M.C. has been filed seeking to quash the entire proceedings in C.C.No.58/2021.
2. The second respondent is the defacto complainant who
is the wife of the petitioner. Learned counsel for the defacto complainant would submit that the matrimonial issues between the petitioner and the defacto complainant have been amicably settled and they are now living together and the defacto complainant is not interested in prosecuting the case against the petitioner. The defacto complainant had sworn in an affidavit - Annexure -B stating about the settlement.
3. The learned Public Prosecutor on instruction submitted about the settlement arrived at between the parties.
4. In Gian Singh v. State of Punjab and Another (2012 (10) SCC 303 : 2012 KHC 4530) a three Judge Bench
of the Hon'ble Supreme Court while dealing with Section 482 of the Code of Criminal Procedure, 1973 has held that criminal cases having civil flavour and arising from criminal financial merchantile, civil, partnership, matrimony relating to dowry or family disputes where wrong is private or personal in nature can be quashed in view of the settlement between the parties.
5. The affidavit sworn in by the defacto complainant would specifically state that she had no further grievance and
has no objection in quashing the entire proceedings in C.C.No.58/2021. No public interest is involved and the issue is purely private in nature. So there is no impediment in quashing the proceedings against the petitioner and further continuance of the proceedings against the petitioner also will be an abuse of process of law. Therefore, I am of the view that it is only just and
proper to quash the entire proceedings in C.C.No.58/2021 on the file of the Chief Judicial Magistrate Court, Thrissur arising out of crime No.104/2021 of Thrissur Town East Police Station. It is ordered accordingly. Crl.M.C. stands allowed. Sd/- M.R.ANITHA shg JUDGE APPENDIX OF CRL.MC 3487/2021 PETITIONER ANNEXURE Annexure A A TRUE COPY OF THE FINAL REPORT IN C.C.NO.58/2021 OF THE CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR, ARISING FROM CRIME NO.104/2021 OF THRISSUR TOWN EAST POLICE STATION, THRISSUR DISTRICT Annexure B A TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT EVIDENCIING THE FACT OF SETTLEMENT