The High Court of Kerala quashed prosecution in a Section 498A IPC case, relying on amicable settlement between parties where the dispute, claims, and marriage dissolution were resolved.
Prosecution against petitioners in C.C.No.325/2014 was quashed pursuant to amicable settlement.
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 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937
Crl.MC.No. 6702 of 2015 ()
CC 325/2014 of JUDICIAL FIRST CLASS MAGIST. COURT, KOOTHATUKULAM (TEMPORARY)
=============
PETITIONERS/ACCUSED:
1. THOMAS @ VINOD, AGED 43 YEARS S/O.K.T.JOSEPH, KOOMAKIYIL HOUSE, THIRIMARADI.P.O KOOTHATTUKULAM, ERNAKULAM DIST.PIN-686662.
2. K.T.JOSEPH, AGED 70 YEARS S/O.LATE THOMAS, KOOMAKKIYIL HOUSE, TIRUMARADI.P.O KOOTHATTUKULAM, ERNAKULAM, PIN-686662.
3. ANNAKKUTTY, AGED 66 YEARS W/O.K.T.JOSEPH, KOOMAKKIYIL HOUSE, THIRUMARADI.P.O KOTHATTUKULAM, ERNAKULAM DIST.PIN-686662.
BY ADVS.SRI.H.SIVARAMAN SRI.MATHEW CHERIAN
RESPONDENTS/COMPLAINANT & STATE:
1. STATE OF KERALA REPRESENTED BY S.I.OF POLICE KOOTHATTUKULAM BY PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031.
2. REJI SEBASTIAN,, AGED 42 YEARS D/O.LATE SEBASTIAN, KALLAMPILLIL HOUSE MUTTUCHIRA VILLAGE, MUTTUCHIRA KARA, MUTTUCHIRA.P.O KOTTAYAM DIST.PIN-686613.
R2 BY ADV. SRI.M.RAMASWAMY PILLAI R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6702 of 2015 ()
APPENDIX
PETITIONERS' EXHIBITS
ANNEXURE-A1 CERTIFIED COPY OF F.I.R.DT 15-7-09 KOOTHATTUKULAM POLICE STATION
ANNEXURE-A2 CERTIFIED COPY OF THE CHARGE SHEET DT.28.8.2009 IN C.C.325/14 OF JUDL.1ST CLASS MAGISTRATE COURT,KOOTHATTUKULAM ANNEXURE-A3 PHOTOCOPY OF JUDGEMENT IN DT.27-8-2010 IN OP.1205/2009 OF FAMILY COURT,ERNAKULAM ANNEXURE-A4 PHOTOCOPY OF AGREEMENT DT.31-3-2015 FILED IN OP.319/13 OF FAMILY COURT,KOTTAYAM,ETTUMANOOR.
ANNEXURE-A5 PHOTOCOPY OF COMPROMISE DECREE DT.31/3/2015 PASSED IN OP.319/2013 OF FAMILY COURT,KOTTAYAM,ETTUMANOOR.
RESPONDENTS' EXHIBITS
NIL
// TRUE COPY // P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C.No.6702 of 2015
Dated this the 16th day of December, 2015
The petitioners herein seek orders quashing the prosecution in C.C.No.325/2014 of the Judicial First Class Magistrate Court, Koothattukulam, involving the offences under Section 498A IPC, on the ground of amicable settlement out of court. The 2nd respondent herein is the victim of offence. She has made appearance through the learned counsel. The learned counsel submitted that the 2nd respondent has no objection to the petition, because the whole dispute stands settled and resolved forever, and the marriage itself stands dissolved. It is submitted that the claims also stand settled.
The Honourable Supreme Court has held in so many decisions that even in cases involving non-compoundable offences, the High Court can quash the prosecution, if the parties have come to terms amicably, and continuance of the prosecution will not serve any purpose. Here, the learned counsel representing the 2nd respondent submitted before the court that
2
Crl.M.C.. No.6702/2015
the whole dispute stands resolved forever, and that continuance of the prosecution will cause harm and hardship to both the parties. In such a situation, it is appropriate that the prosecution be quashed.
In the result, this petition is allowed. The prosecution against the petitioners in C.C.No.325/2014 of the Judicial First Class Magistrate Court, Koothattukulam will stand quashed under Section 482 Cr.P.C.
Sd/-
P. UBAID, JUDGE
sd
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether prosecution under Section 498A IPC should be quashed upon amicable settlement.
Whether continuation of prosecution will serve any purpose after resolution of dispute.
Colour shows how this judgement treated each authority
Supreme Court decisionsReferred¶32
2 provisions across 2 enactments
THOMAS @ VINOD
K.T.JOSEPH
ANNAKKUTTY
STATE OF KERALA
REJI SEBASTIAN
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
