This criminal miscellaneous petition sought quashing of prosecution for offences under Sections 323 and 498A IPC via Section 482 CrPC. The Court found a genuine settlement between parties post-divorce and dismissed prosecution.
Prosecution against petitioners in C.C.No.1600 of 2014 quashed; accused released from prosecution; bail bond 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
TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937
Crl.MC.No. 6188 of 2015 ()
C.C. NO. 1600/2014 OF JUDICIAL I CLASS MAGISTRATE COURT,CHITTUR, PALAKKAD
CRIME NO. 605/2014 OF KOLLENGODE POLICE STATION , PALAKKAD
PETITIONERS/ACCUSED:
1. DEVENDRAN,
2. LAKSHMI, W/O.LATE RAJENDRAN, DOOR NO.7/14, 3RD STREET,
BY ADV. SMT.VIJAYAKUMARI
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE, KOLLENGODE POLICE STATION, PALAKKAD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31.
2. GREESHMA, D/O.MURUKESAN, MANGALATHU HOUSE, NADUTHARA, KADALLUR POST, PALAKKAD - 678 001.
R2 BY ADV. SRI.S.KRISHNALAL R BY PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-092015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6188 of 2015 ()
APPENDIX
PETITIONER(S)' ANNEXURE:
ANNEXURE A1: CERTIFIED COPY OF THE E FIR IN CRIME NO.605/2014 OF KOLLENGODE POLICE STATION, PALAKKAD. ANNEXURE A2: CERTIFIED COPY OF PRIVATE COMPLAINT IN C.M.P.NO.4012/14 BEFORE THE JUDICIAL I CLASS MAGISTRATE COURT, CHITTOOR, PALAKKAD DATED 28.05.2014. ANNEXURE A3: CERTIFIED COPY OF FINAL REPORT IN CR.NO.605/14 SUBMITTED BEFORE JFCM, CHITTOOR, PALAKKAD DATED 30.08.14. ANNEXURE A4: COPY OF AGREEMENT AND AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DATED 31.10.2014. RESPONDENT(S)' ANNEXURE: NIL
/TRUE COPY/
P.A. TO JUDGE
AK
P.UBAID, J.
============================== Crl.M.C.No.6188 of 2015
============================== Dated this the 15th day of September, 2015
ORDER
The petitioners herein are the two accused in C.C.No.1600 of 2014 of the Judicial First Class Magistrate Court, Chittoor, Palakkad. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Crime in this case was registered under Sections 323 and 498A IPC on the complaint of one Greeshma, who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint now.
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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.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C.No.1600 of 2014 of the Judicial First Class Magistrate Court, Chittoor, Palakkad will stand
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quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution and the bail bond, if any, executed by them will stand discharged.
Sd/-
P.UBAID JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
3 issues framed by the court
whether prosecution should be quashed due to amicable settlement and divorce decree
whether settlement of matrimonial dispute under Section 482 CrPC is permissible
whether accused should be released from prosecution upon settlement
3 provisions across 2 enactments
DEVENDRAN
LAKSHMI
STATE OF KERALA
GREESHMA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
