The High Court quashed criminal proceedings against six accused under Section 498A IPC after finding a genuine amicable settlement between the parties. The court directed the release of the first petitioner's passport and discharge of the bail bond.
Prosecution quashed; petitioners released and bail bond discharged; first petitioner's passport released.
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 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937
Crl.MC.No. 195 of 2016
IN CC 1533/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTII, KOCHI CRIME NO. 1207/2014 OF PALLURUTHY POLICE STATION , ERNAKULAM
PETITIONERS/ACCUSED 1 TO 6:
1. VINEESH BABU, PALLIPARAMBU HOUSE, EDA KOCHI, ERNAKULAM DISTRICT.
2. VAMAKESHAN, PALLIPARAMBU HOUSE, EDA KOCHI, ERNAKULAM DISTRICT.
3. AMBUJAKSHI, PALLIPARAMBU HOUSE, EDA KOCHI, ERNAKULAM DISTRICT.
4. MANI, PALLIPARAMBU HOUSE, EDA KOCHI, ERNAKULAM DISTRICT.
5. KALA, PALLIPARAMBU HOUSE, EDA KOCHI, ERNAKULAM DISTRICT.
6. SARASWATHI, PALLIPARAMBU HOUSE, EDA KOCHI, ERNAKULAM DISTRICT.
BY ADV. SRI.V.PREMCHAND
RESPONDENTS/COMPLAINANT:
1. ANJANA, PANDARAPARAMBIL HOUSE, PONJIKARA, MULAVUKAD, ERNAKULAM - 682018.
2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.
R1 BY ADV. SRI.P.A.MUJEEB R2 BY PUBLIC PROSECUTOR SMT.MADHUBEN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 195 of 2016
APPENDIX
PETITIONERS' ANNEXURES:
AI: COPY OF THE FINAL REPORT DATED 9/12/2014 C.C NO.1533/2015 BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT II, KOCHI.
AII: COPY OF THE AFFIDAVIT DATED 21/12/2015 EXECUTED BY THE FIRST RESPONDENT
RESPONDENTS' ANNEXURES:
NIL
//TRUE COPY//
P.A TO JUDGE
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P.UBAID, J. --------------------------------------Crl.M.C No. 195 of 2016 ---------------------------------------
Dated this the 13th day of January, 2016
O R D E R
The petitioners herein are the six accused in C.C No.1533/2015 of the Judicial First Class Magistrate Court II, Kochi. 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 498A, 323 and 506(1) of the Indian Penal Code on the complaint of one Anjana who is the first 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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Crl.M.C No. 195 of 2016
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. The victim's affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted that the marriage stands dissolved and the claims also stand settled. The learned counsel for the petitioner's makes a request to direct the trial court to release the passport of the first petitioner, surrendered by him as a condition for bail. The first petitioner's passport will have to be released in the present circumstances.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.1533/2015 of the Judicial First Class Magistrate Court II, Kochi 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.
Sd/P.UBAID JUDGE
//True Copy//
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2 issues framed by the court
Whether the High Court can quash prosecution under Section 482 CrPC in cases involving non-compoundable offences upon establishment of a genuine amicable settlement.
Whether the release of the petitioner's passport surrendered as a condition of bail is warranted following the quashing of the prosecution.
4 provisions across 2 enactments
VINEESH BABU
VAMAKESHAN
AMBUJAKSHI
MANI
KALA
SARASWATHI
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
