This criminal miscellaneous petition seeks quashing of proceedings under Section 482 CrPC over a settled matrimonial dispute. The High Court, relying on Gian Singh v. State of Punjab, allowed the application and quashed the pending criminal case here.
Proceedings in C.C.No.1754/2014 (Crime No.704/2011) pending before the Magistrate Court are quashed.
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 K.RAMAKRISHNAN
WEDNESDAY, THE 11TH DAY OF MAY 2016/21ST VAISAKHA, 1938
Crl.MC.No.2119 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN CC 1754/2014 of J.M.F.C.-III, PALAKKAD IN CRIME NO.704/2011 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD
PETITIONER(S)/ACCUSED :
SAJEEV, AGED 25 YEARS, S/O.CHANDRAN, SUKRUTHAM HOUSE, THARANAGAR, CHANDRANAGAR, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT(S)/DEFACTO COMPLAINANT AND STATE :
1. BALACHANDRAN, AGED 49 YEARS, S/O.VISWANATHAN T., RAMAN CHENNATH HOUSE, WEST YAKKARA, PALAKKAD-678 545.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 BY ADV. SRI.UNNI SEBASTIAN KAPPEN R2 BY PUBLIC PROSECUTOR SMT. BINDU GOPINATH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
:2:
Crl.MC.No. 2119 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.704/2011 OF PALAKKAD TOWN SOUTH POLICE STATION IN CC NO.1754/2014 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS
ANNEXURE B COPY OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT HEREIN EVIDENCING THE FACTUM OF SETTLEMENT.
ANNEXURE C COPY OF THE AGREEMENT DTD.14.1.2016 EXECUTED BETWEEN THE
RESPONDENT(S)' EXHIBITS: NIL
// True Copy//
P.A. to Judge
ss
K. RAMAKRISHNAN, J.
Crl. M.Appln. No.4732 of 2016 in Crl.M.C.No.2119 of 2016
Dated this the 11th day of May, 2016
ORDER
This is an application filed by the sole accused in C.C.No.1754/2014 on the file of the Judicial First Class Magistrate Court-III, Palakkad, for quashing the proceedings on the basis of settlement under Section 482 of the Code of Criminal Procedure.
Crl. M.Appln. No.4732 of 2016 in Crl.M.C.No.2119 of 2016
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the Indian Penal Code. After investigation Annexure-A final report was filed and it was taken on file as C.C.No.1754/2014 on the file of the Judicial First Class Magistrate Court-III, Palakkad. Due to the intervention of the well wishers of both the parties, the matter has been settled between them and they have decided to separate and also decided to withdraw all the cases pending between the parties including the criminal cases. The petitioner and others who were accused in Crime No.1082/2013 of Palakkad Town South police station, which resulted in taking cognizance of C.C.No.2320/2013 on the file of the Judicial First Class Magistrate Court-III, Palakkad filed Crl.M.C.No.2113/2016 for quashing the proceedings on the basis of settlement and this court by judgment dated 6.4.2016 allowed the application and quashed the proceedings. The present petition was also filed along with the above petition, but the same could not reach before the Bench along with the other case. On account of the settlement there is no possibility of conviction and they prayed for allowing the application.
Crl. M.Appln. No.4732 of 2016 in Crl.M.C.No.2119 of 2016
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father-in-law of the petitioner and there was some marital dispute between the petitioner and the daughter of the first respondent and at the time of incident, she was residing in her parental house and the incident occurred from the parental house. The case of the petitioner was that, when he went there to enquire about his wife, at that time there was some altercation occurred, which resulted in the registration of the crime. It is also seen from the submissions made by the counsel for the petitioner that another case was registered as Crime No.1082/2013 of Palakkad Town South Police station in respect of an incident occurred on the subsequent date, which resulted in taking cognizance of C.C.No.2320/2013 on the file of the Judicial First Class Magistrate Court-III, Palakkad, after final report was filed and that case was settled and that was quashed as per order in
Crl. M.Appln. No.4732 of 2016 in Crl.M.C.No.2119 of 2016
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Crl.M.C.No.2113/2016. It is also seen from the affidavit filed by the first respondent that all these things arose out of some matrimonial dispute, which was subsisting between the petitioner and his wife who was residing with them at that time. Now the matter has been settled and the petition has been filed for dissolution of marriage by mutual consent before the family court. Now the parties have decided to withdraw all the cases pending between them as well. Being a matrimonial dispute and the matter has been settled between the parties, there is no possibility of conviction, even if the case is allowed to continue.
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application for compounding and dispose of the case, this court feels that the power under section 482 of the Code can be invoked to quash the proceedings, considering the fact of settlement and proceeding with the case will only amount to wastage of judicial time and pendency of the case should not be a hurdle for the relationship between the parties, which was amicably settled in a mediation arrived at due to the intervention of well wishers of both the parties.
So the application is allowed and further proceedings in C.C.No.1754/2014 (Crime No.704/2011 of Palakkad Town South police station) pending before the Judicial First Class Magistrate Court-III, Palakkad as against the petitioner is quashed.
Office is directed to communicate this order to the court below at the earliest.
Sd/-
K.RAMAKRISHNAN, JUDGE.
// True Copy//
P.A. to Judge
ss
2 issues framed by the court
Whether the High Court can invoke powers under Section 482 CrPC to quash criminal proceedings in a matrimonial dispute settled between parties despite non-compoundable offences being incorporated.
Whether the previous quashing of a connected matrimonial case involving the same parties supports the same decision for the present case.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶49
Gian Singh v. State of Punjab [2012(4) KLT 108 (SC)]
1 provisions across 1 enactments
SAJEEV
BALACHANDRAN
STATE OF KERALA
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.RAMAKRISHNAN
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