The Court quashed the prosecution against the petitioner in a dowry harassment case due to a genuine amicable settlement between parties and the dissolution of their marriage. The Court held that continuing the trial would serve no purpose.
The prosecution in C.C No.208/2010 is quashed; the petitioner is released from prosecution, and the bail bond is discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937
Crl.MC.No. 2525 of 2015
IN CC 208/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA (NOW PENDING AS L.P No.16/2015)
CRIME NO. 816/2009 OF THIRUVALLA POLICE STATION, PATHANAMTITTA
PETITIONER/ACCUSED :
ULLAS, AGED 45 YEARS, S/O CHELLAPPAN, THONDUPARAMBIL VEEDU, OTHARA WEST P.O, KUTTOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT
BY ADV. SRI.V.SETHUNATH
RESPONDENTS/COMPLAINANT/STATE:
1. THE S.I.OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT PIN. 689 701
2. SINI, AGED ABOUT 35 YEARS,
D/O. RAJAMMA, MINI VILASOM, ANCHUPARAPADI, PIRAVANTHOOR P.O, & VILAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN: 689 686
3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031
R2 BY ADV. SRI.S.RAJEEV R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN R2 BY ADV. SRI.K.V.VINODKUMAR R2 BY ADV. SRI.V.VINAY R3 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2525 of 2015 ------------------------
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1: COPY OF THE FIR AND FINAL REPORT IN CRIME NO. 816/2009 OF THIRUVALLA POLICE STATION IN C.C.NO. 208/2010 ON THE FILE OF THE J.F.M.C
ANNEXURE 2: COPY OF THE ORDER SHEET AND COMPROMISE AGREEMENT RECORDED ON TEH FILE OF THE J.F.M.C NO.III, PUNALUR.
ANNEXURE 3: COPY OF THE ORDER IN O.P(HMA) NO. 753/2011 ON THE FILE OF THE FAMILY I COURT, KOTTARAKKARA
RESPONDENTS' ANNEXURES:
ANNEXURE R2(A): ORIGINAL AFFIDAVIT DATED 18.5.2015 SWORN BY THE SECOND RESPONDENT.
//TRUE COPY//
P.A TO JUDGE
ab
P.UBAID, J.
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Crl.M.C No.2525 of 2015
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Dated this the 23rd day of September, 2015
O R D E R
The petitioner herein is the sole accused in C.C No.208/2010 of the Judicial First Class Magistrate Court, Thiruvalla. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Section 498(A) of the Indian Penal Code, on the complaint of one Sini who is the second respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. When the petitioner failed to appear in court, the learned Magistrate transferred the case to the register of long pending cases as L.P No.16/2015, after complying with the procedure. Now it is submitted that the case stands refiled on appearance. The victim's affidavit and the other materials will show that the whole matrimonial dispute stands resolved forever, and that her claims also stand settled. The victim's marriage with the petitioner stands dissolved by a decree. In such a situation, it is appropriate that the pending prosecution be quashed.
Crl.M.C No.2525 of 2015 2
High Court can quash the prosecution in pending proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of the prosecution will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement between the parties. This is not a case involving any public interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides. In such a situation, continuance of the prosecution will not serve any purpose other than wasting the precious time of the court. No doubt, nobody will support the prosecution in such a situation, if the case goes to trial. Accordingly, the case now pending against the petitioner herein, refiled from L.P No.16/2015 in the court below can be quashed.
In the result, this petition is allowed. The prosecution against the petitioner herein in C.C No.208/2010 of the Judicial First Class Magistrate Court, Thiruvalla (Crime No.816/2009 of the Thiruvalla Police Station) will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
P.UBAID JUDGE
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2 issues framed by the court
Whether the prosecution for dowry harassment under Section 498A IPC can be quashed in light of an amicable settlement and dissolution of marriage.
Whether a genuine settlement between parties justifies the High Court to quash pending proceedings under Section 482 CrPC to prevent waste of judicial time.
2 provisions across 2 enactments
ULLAS
THE S.I.OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT
SINI
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
