Sreeja Vs. the State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN TUESDAY,THE 30TH DAY OF JULY 2013 8TH SRAVANA, 1935 Crl.MC.No. 3195 of 2013 ---------------------------------- [C.C. NO.703/2013 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-I, KOLLAM, CRIME NO. 846/2011 OF ANCHALUMMOODU POLICE STATION , KOLLAM DISTRICT] .................. PETITIONER/DEFACTO COMPLAINANT: -------------------------------------------------------- SREEJA, AGED 2 YEARS, D/O.BABU RAJAN PILLAI, RESIDING AT KATTILVEEDU, CHITTAYAM, PANAYAM P.O., PERINADU, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ. RESPONDENTS/STATE AND ACCUSED: --------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, ANCHALUMOODU, KOLLAM DISTRICT.

2. SANTHOSH KUMAR, AGED 3 YEARS, SON OF THULASEEDHARAN PILLAI, RESIDING AT PUTHOOR VEEDU, EDACHAVILA P.O., PERINADU, KOLLAM. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN, R2 BY ADV. SRI.SAJU .J.PANICKER. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. CRL.M.C. NO.3195/2013: APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRME NO.846/2011 REGISTERED BY THE ANCHALUMOODU POLICE. ANNEXURE A2: A TRUE COPY OF THE FINAL REPORT IN CRIME NO.846/2011 PENDING TRIAL BEFORE THE JUDICIAL FIRST CLASS- MAGISTRATE COURT -I, KOLLAM AS CC NO.703/2013. ANNEXURE A3: A TRUE COPY OF THE ORDER DATED 07 03/2013 IN O.P.(HMA)NO.1014/2012 BEFORE THE FAMILY COURT, KOLLAM. ANNEXURE A4: A TRUE COPY OF THE SETTLEMENT DATED 14 8/2012 IN O.P.NO.814/2011 BEFORE THE FAMILY COURT, KOLLAM. ANNEXURE A5: A TRUE COPY OF THE JOINT STATEMENT FILED BY THE PETITIONER AND HER FORMER HUSBAND IN OP NO.814 OF 201.BEFORE THE FAMILY COURT, KOLLAM. ANNEXURE A6: AFFIDAVIT SWORN BY PETITIONER BEFORE THIS HON'BLE COURT. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. V.K.MOHANAN, J.

------------------------------------------ Crl.M.C.No.3195 of 2013 ------------------------------------------- Dated this the 30th day of July, 2013 ORDER The above M.C. is preferred by the de facto complainant in Crime No.846 of 2011 of Anchalummoodu Police Station wherein the allegation is that the accused, who is the second respondent herein concealing the fact that he is a married man and is having a wife and children, after receiving dowry from the de facto complainant and with the intention to cheat her, he married the de facto complainant on 30/05/2010 in accordance with custom prevailing among the Hindu religion. The further allegation is that, while the de facto complainant was residing in the matrimonial home, she was subjected to harassment both physically and mentally demanding more dowry and the accused has also misappropriated the property given as dowry and thereby the accused has committed the offences punishable under Sections 498(A) & 420 of IPC. Now, according the petitioner, who is the de facto complainant, the matter is subsequently settled between herself and the accused, who is the second respondent herein Crl.M.C.No.3195 of 2013 :-2-: and the marriage dissolved by mutual consent as per Annexure-A3 order of the Family Court, Kollam. Therefore, according to the petitioner, she do not want to proceed any further against the accused. Annexure-A5 is the joint statement filed before the Family Court, Kollam and Annexure- A6 is the affidavit sworn into by the petitioner, who is the de facto complainant.

2. I have carefully considered the above submissions of the respective counsel. I have verified the documents and materials produced along with the above petition including Annexure-A6 affidavit. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition.

3. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only under Sections 420 and 498(A) of I.P.C. which are more or less personal in nature and no public interest is involved. It is pertinent to note that, though such Crl.M.C.No.3195 of 2013 :-3-: offences are involved, the de facto complainant herself approached this Court after having amicably settled the matter. From the submission made by the counsel for the petitioner/de facto complainant, it appears to me that the de facto complainant has no further grievance against the 2nd respondent/accused in the light of the settlement arrived by them. In this juncture, it is relevant to note the decisions of the Honourable Apex Court reported in Gian Singh v. State of Punjab [2012(4) KLT 108(SC)] and Jitendra Raghuvanshi and Others v. Babita Raghuvanshi and another [2013 (1) KLD 81.(SC)]. In Gian Singh's case, the Supreme Court has held as follows:- "57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where Crl.M.C.No.3195 of 2013 :-4-: the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.. It is further held as follows:- "......... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial,mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........" Further, in Jitendra Raghuvanshi's case, the Apex Court has held as follows:- "7. It is not in dispute that matrimonial disputes have been on considerable increase in recent times resulting in filing of complaints under Sections 498A and 406 of I.P.C. not only against the husband but also against the relatives of the husband. The question is when such matters are resolved either by the wife agreeing to rejoin the matrimonial home or by mutual settlement of other Crl.M.C.No.3195 of 2013 :-5-: pending disputes for which both the sides approached the High Court and jointly prayed for quashing of the criminal proceedings or the FIR or complaint by the wife under Sections 498A and 406 of I.P.C., whether the prayer can be declined on the sole ground that since the offences are non-compoundable under Section 320 of the Code, it would be impermissible for the court to quash the criminal proceedings or FIR or complaint.

8. It is not in dispute that in the case on hand subsequent to the filing of the criminal complaint under Sections 498A and 406 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, with the help and intervention of family members, friends and well-wishers, the parties concerned have amicably settled their differences and executed a compromise/settlement. Pursuant thereto, the appellants filed the said compromise before the Trial Court with a request to place the same on record and to drop the criminal proceedings against the appellants herein. It is also not in dispute that in additional to the mutual settlement arrived at by the parties, respondent/-wife has also filed an affidavit stating that she did not wish to pursue the criminal proceedings against the appellants and fully supported the contents of the settlement deed. It is the grievance of the appellants that no only the Trial Court rejected such prayer of the parties but also the High Court failed toe exercise its jurisdiction under Section 482 of the Code only on the ground that the criminal proceedings relate to the offences punishable under Sections 498A and 406 of IPC which are non-compoundable in nature." "12. In our view, it is the duty of the Courts to encourage genuine settlements of matrimonial disputes, Crl.M.C.No.3195 of 2013 :-6-: particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.

13. There has been an outburst of matrimonial disputes in recent times. The institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a Court of law, in order to do complete justice in the matrimonial matters, the Courts should be less hesitant in exercising its extraordinary jurisdiction. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the Court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the Court or that the ends of justice require that the proceedings ought to be quashed." Considering the particular facts and circumstances in this case, it can be seen further that the criminal proceedings are initiated consequent to the matrimonial dispute arose among Crl.M.C.No.3195 of 2013 :-7-: the parties and both the disputes are now amicably settled between the parties. According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decisions will be squarely applicable in the present case. According to me, as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution, resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decisions cited supra, this Crl.M.C. can be allowed granting the relief as sought for. In the result, this Crl.M.C. is allowed, quashing Annexure-A2 Final Report in Crime No.846 of 2011 of Anchalumoodu Police Station and all further proceedings Crl.M.C.No.3195 of 2013 :-8-: pending against the 2nd respondent/accused in C.C.No.703 of 2013 on the file of the Judicial First Class Magistrate Court-I, Kollam. V.K.MOHANAN, JUDGE skj True copy P.A. to Judge