In a criminal miscellaneous petition filed under Section 482 CrPC, the Court allowed the prayer to quash the prosecution in a Section 498A IPC case where the marriage had dissolved and disputes were settled amicably between parties.
Petition allowed; prosecution quashed under Section 482 CrPC; petitioner 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
FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937
Crl.MC.No.773 of 2015
IN C.C NO.811/2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR CRIME NO.372/2011 OF PANDALAM POLICE STATION, PATHANAMTITTA
PETITIONER/ACCUSED:
K.C.PRAMOD DAS, AGED 37 YEARS, S/O.SANKARANARAYANA MENON, PAVITHRAM, TANUR P.O, RAYIRIMANGALAM, THIRROR TALUK, MALAPPURAM.
BY ADVS.SRI.K.SHAJ
SRI.SAJJU.S
RESPONDENTS/STATE AND CW1:
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. VIJAYALEKSHMI, AGED 29 YEARS, D/O.VISWANATHAN NAIR, VISWA NIVAS, THONNALLUR MURI, PANDALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-691523.
R2 BY ADV. SRI.SERGI JOSEPH THOMAS
R1 BY PUBLIC PROSECUTOR SMT.R.REMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 773 of 2015
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE-A1: THE CERTIFIED COPY OF THE CHARGE SHEET IN CC NO.811/2012 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR.
ANNEXURE-A2: COPY OF THE JUDGMENT DATED 25/04/2013 IN O.P. (HMA) NO.997/2012 ON THE FILE OF THE FAMILY COURT, THIRUVALLA.
ANNEXURE-A3: COPY OF THE COMPROMISE AGREEMENT ENTERED BETWEEN THE PETITIONER AND THE SECOND RESPONDENT IN O.P.NO.546/2011 ON THE FILE OF THE FAMILY COURT, THIRUVALLA.
ANNEXURE-A4: AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES.
RESPONDENTS' ANNEXURES:
NIL
//TRUE COPY//
P.A TO JUDGE
ab
P.UBAID, J.
--------------------------------------Crl.M.C No.773 of 2015
---------------------------------------- Dated this the 11th day of September, 2015
O R D E R
The petitioner herein is the accused in C.C No.811/2012 of the Judicial First Class Magistrate Court, Adoor. 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 Vijayalekshmi, who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim's affidavit shows that the marriage stands dissolved, and the dues also stand settled. In such a situation, it is appropriate that the prosecution be quashed.
Crl.M.C No.773 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. 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 petitioner herein in C.C No.811/2012 of the Judicial First Class Magistrate Court, Adoor 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.
Sd/P.UBAID JUDGE
ab
/True copy/
P.A to Judge
2 issues framed by the court
Whether the High Court can quash prosecution under Section 482 CrPC upon amicable settlement in a Section 498A IPC case.
Whether disparity in sentencing requires quearing the complaint in the absence of any mitigating factor.
Colour shows how this judgement treated each authority
Varadarajan GounderReferred¶34
Varadarajan Gounder v. M/s. E.I du Pont de Nemours & Co.
3 provisions across 2 enactments
K.C. PRAMOD DAS
STATE OF KERALA
VIJAYALEKSHMI
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
