Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 CRL.MC NO. 3739 OF 2021 AGAINST THE ORDER/JUDGMENT IN CC 2140/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA, ALAPPUZHA PETITIONERS/ACCUSED:
1 SYAM AGED 35 YEARS S/O. VIJAYAN, PRABHAKARAVILASAM, PALLIYARAKKAVU, AROOR, P. O., AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA, PIN - 688 538. 2 VIJAYAN AGED 69 YEARS S/O. PRABHAKARAN PILLAI, PRABHAKARAVILASAM, PALLIYARAKKAVU, AROOR P. O., AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA, PIN - 688 538. 3 RADHAMANIAMMA AGED 66 YEARS W/O. VIJAYAN, PRABHAKARAVILASAM, PALLIYARAKKAVU, AROOR, P. O., AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA, PIN - 688 538. BY ADV C.K.SAJEEV
RESPONDENTS/CW-1 (DE-FACTO COMPLAINANT) & STATE: 1 SURAJA AGED 29 YEARS D/O. K.K. SURENDRAN,KANNOTHUKULANGARA HOUSE, KULAYATTIKKARA P. O., WARD NO.11, AMBALLOOR PANCHAYATH, ERNAKULAM DISTRICT, PIN - 682 315. 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 BY ADV M.V.BAIJU OTHER PRESENT: PP.C.SEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
The petitioners are accused Nos.1 to 3 in C.C.No.2140/2020 on the file of the Judicial First Class Magistrate Court-II, Cherthala (Crime No.1023/2020 of Aroor Police Station, Alappuzha, which is registered for the offence punishable under Section 498-A r/w. 34 IPC). This Crl.M.C. has been filed seeking to quash the entire proceedings against the petitioners in the said case.
2. First petitioner is the husband of the 1st respondent -
defacto complainant. Their marriage was solemnized on 15.11.2017. It is alleged that while they were residing together in the house of the petitioners, she had been subjected to various acts of cruelties at the instance of the petitioners, thereby a complaint was filed by the 1st respondent. Petitioners have produced copy of FIR as Annexure-A and copy of Final Report as Annexure-B. Both the spouses filed O.P.(H.M.A.)No.656/2020 before the Family Court, Alappuzha for a decree of divorce by mutual consent and the same was allowed by Annexure - C judgment. Annexure - D is the copy of the affidavit duly sworn in by the 1st respondent - defacto complainant stating that now the entire disputes between the petitioners and herself have been settled and that she has no objection for quashment of the criminal proceedings pending against the petitioners.
3. Sri.Baiju M.V., learned counsel appearing for the 1st respondent - defacto complainant submitted about the compromise arrived at between the parties.
4. Learned Public Prosecutor submitted that the statement of the defacto complainant has been taken and she agreed with the averments in Annexure-D affidavit.
5. 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.
6. Annexure-D affidavit would specifically state that the
defacto complainant has no further grievance and has no objection in quashing the entire proceedings in Annexure-B Final Report. Since the parties have already settled the matter amicably, there is no purpose in continuing the proceedings. No public interest is involved and the issue is purely private in nature. So there is no impediment in quashing the proceedings
against the petitioners and further continuance of the proceedings against the petitioners 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 Annexure-B Final Report, which is now pending as C.C.No.2140/2020 on the file of the Judicial First Class Magistrate Court-II, Cherthala.
Crl.M.C. stands allowed. Sd/- M.R.ANITHA shg JUDGE APPENDIX OF CRL.MC 3739/2021 PETITIONERS ANNEXURE ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.1023/2020 OF THE AROOR POLICE STATION. ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.2140/2020 OF AROOR POLICE STATION. ANNEXURE C TRUE COPY OF THE JUDGMENT DATED 06.01.2021 IN O.P. (H.M.A.) 656/2020 OF THE FAMILY COURT, ALAPPUZHA. ANNEXURE D TRUE COPY OF THE AFFIDAVIT SWORN BY 1ST RESPONDENT