High Court quashed prosecution against accused in matrimonial case under Section 498(A) IPC upon satisfaction of genuine settlement between parties and dismissal of complaint by the de facto complainant to avoid waste of judicial time.
Prosecution in C.C. No.1477/2013 quashed; petitioners released; 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 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937
Crl.MC.No. 755 of 2015
IN CC 1477/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD
CRIME NO. 638/2012 OF VATTAPPARA POLICE STATION, THIRUVANANDAPURAM
PETITIONERS/ACCUSED 1 AND 2:
1. BINUKUMAR, AGED 38 YEARS, S/O.MADHAVAN NAIR, AJITH VIHAR, VETTINADU MURIYIL, VEMBAYAM VILLAGE, VATTAPPARA P.O.,
THIRUVANANTHAPURAM.
2. RADHADEVI, AGED 59 YEARS, AJITH VIHAR, VETTINADU MURIYIL,
VEMBAYAM VILLAGE, VATTAPPARA P.O.,
THIRUVANANTHAPURAM.
BY ADVS.SRI.T.A.UNNIKRISHNAN
SRI.K.SATHEESH KUMAR
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SREENA S.KALA, AGED 28 YEARS, W/O.BINU KUMAR, AJITH VIHAR,
VATTAPPARA P.O, VEMBAYAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT PIN 695028.
R1 BY PUBLIC PROSECUTOR SRI.K.SAIDALAVI R2 BY SRI.MANSOOR.B.H.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 755 of 2015
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE-I: CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.1477/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGADU.
ANNEXURE-II: COPY OF AFFIDAVIT SHOWN BY THE 2ND RESPONDENT.
RESPONDENTS' ANNEXURES:
NIL
//TRUE COPY//
P.A TO JUDGE
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P.UBAID, J. --------------------------------------Crl.M.C No.755 of 2015
---------------------------------------
Dated this the 5th day of May, 2015
O R D E R
The petitioners herein are the two accused in C.C No.1477/2013 of the Judicial First Class Magistrate Court I, Nedumangadu. 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 498(A) and 323 r/w 34 of the Indian Penal Code on the complaint of one Sreena S.Kala 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.
Crl.M.C No.755 of 2015 2
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, and I am satisfied that the parties are now on quite cordial terms. 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.1477/2013 of the Judicial First Class Magistrate Court I, Nedumangadu will stand 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.
P.UBAID JUDGE
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1 issue framed by the court
Whether prosecution under Section 498(A) IPC can be quashed upon filing of final report indicating amicable settlement.
4 provisions across 4 enactments
BINUKUMAR
RADHADEVI
STATE OF KERALA
SREENA S.KALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
