High Court quashed the CrPC proceedings against a petitioner accused of offences under Section 498A IPC. The court was satisfied that a genuine amicable settlement occurred between the accused and the wife, rendering further prosecution useless and oppressive.
Prosecution quashed; 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
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
CRL.MC.NO. 61 OF 2016 ()
CC NO.2481/2015 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I,HOSDRUG
CRIME NO. 735/2015 OF HOSDURG POLICE STATION, KASARAGOD
PETITIONER(S)/ACCUSED:
NARAYANAN NAMBOODIRI V.P., S/O. NARAYANAN NAMBOOTHIRI, PUTHUMANA ILLAM HOUSE NO. XVI/8, PANAYANAGATTKARA DESOM THEKKUMKARA PANCHAYATH, THRISSUR.
BY ADVS.SRI.RAHUL SASI SMT.NEETHU PREM
RESPONDENT(S)/COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. VIMALA @ SMITHA,AGED 31 YEARS
R2 BY ADV. SRI.NIRMAL V NAIR R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-012016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC.NO. 61 OF 2016
APPENDIX
PETITIONERS EXHIBITS
ANNEXURE A1:COPY OF THE FINAL REPORT IN CRIME NO.735 OF 2015 OF HOSDURG POLICE STATION
ANNEXURE A2:AFFIDAVIT DATED 18.12.2015 SUBMITTED BY 2ND RESPONDENT
RESPONDENTS EXHIBITS: NIL
--------------------------------------
/TRUE COPY/
P.A. TO JUDGE
SKV
P.UBAID, J.
=============
Crl.M.C No.61 OF 2016 ===================
Dated this the 18th day of January, 2016
ORDER
The petitioner herein is the sole accused in C.C. No.2481/22015 of the Judicial First Class Magistrate Court-1, Hosdurg. 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 Indian Penal Code on the complaint of one Vimala @ Smitha 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.
has held that even in cases involving non-compoundable
Crl.M.C No.61 OF 2016 -2-
offences, the High Court can quash the prosecution in pending proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of further proceedings will not serve any purpose in such a circumstance of amicable 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.
Crl.M.C No.61 OF 2016 -3-
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C. No.2481/2015 of the Judicial First Class Magistrate's Court-I, Hosdurg 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.
P.UBAID,JUDGE
SKV
3 issues framed by the court
Whether the High Court can quash the prosecution under Section 482 CrPC upon genuine amicable settlement of the dispute.
Whether the victim's affidavit indicating resolution of the matrimonial dispute warrants quashing of the criminal proceedings.
Whether continuation of prosecution serves any purpose given the parties are now on cordial terms.
2 provisions across 2 enactments
Narayanan Namboodiri V.P.
State of Kerala
Vimala @ Smitha
P. Ubaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
