Allowed

Pramod v. State of Kerala

Kerala HC14 Oct 2019Crl.MC/1472/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, in a criminal miscellaneous petition, considered the request to quash criminal proceedings in an IPS 498A case. Finding that the dispute between the petitioners and the wife (complainant) was settled amicably, the Court held that further proceedings served no purpose. Applying the principles of Gian Singh and Narinder Singh, it ruled that prosecution could be quashed in t

What did the court decide?

Impugned FIR in Crime No.2054/2014 and C.C. No.840/2015 proceedings against accused Nos.1 to 3 are quashed.

Pramod Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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MONDAY, THE 14TH DAY OF OCTOBER 2019 / 22ND ASWINA, 1941

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Crl.MC.No.1472 OF 2019(D)

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AGAINST THE ORDER/JUDGMENT IN CC 840/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, NORTH PARAVUR

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CRIME NO.2054/2014 OF North Parur Police Station , Ernakulam

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PETITIONER/S:

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1 PRAMOD AGED 38 YEARS S/O.PRATHAPAN, KOMBATH PARAMBIL HOUSE, KAITHARAM KARAYIL, KOTTUVALLI VILLAGE, P.O. KAITHARAM, PIN683513, N.PARUR, ERNAKULAM DISTRICT. 2 PRATHAPAN AGED 66 YEARS KOMBATH PARAMBIL HOUSE, KAITHARAM KARAYIL, KOTTUALLI VILLAGE, P.O.KAITHARAM, PIN-683513 N.PARUR, ERNAKULAM DISTRICT. 3 REMA AGED 64 YEARS @/O.PRATHAPOAN, KOMBATH PARAMBIL HOUSE, KAITHARAM KARAYIL KOTTUVALLI VILLAGE, P.O.KAITHARAM, PIN-683513 N.PARUR, ERNKULAM DISTRICT. BY ADVS. SRI.V.A.PRADEEP KUMAR SHRI. ANOOP KRISHNA

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KCOHI-31. 2 SHILNA PRAMOD AGED 32 YEARS W/OI.PRAMOD, KOMBATH PARAMBIL HOUSE, KAITHRAM KARAYIL, KOTTUVALLI VILLAGE, P.O.KAITHARAM, PIN683513 N.PARUR, ERNAKULAM DISTRICT.

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R2 BY ADV. R.NANDAGOPAL

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OTHER PRESENT:

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SRI.P.N.SUMODU, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1472 OF 2019(D)

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ALEXANDER THOMAS, J.

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= = = = = = = = = = = = = = = = = Crl.M.C. No.1472 of 2019

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 14^th day of October, 2019

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O R D E R

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Petitioners herein are accused Nos.1 to 3 in the impugned Anx-A1 FIR in Crime No.2054/2014 of North Parur Police Station, Ernakulam district, registered for offences punishable under Secs.34 and 498(A) of the Indian Penal Code, which has led to the institution of Final Report in C.C. No.840/2015 on the files of the Judicial First Class Magistrate Court-I, North Parur. It is stated that now the entire disputes between the petitioners and the 2^nd respondent defacto complainant have been settled amicably and that the 2^nd respondent has sworn to Anx.A2 affidavit before this Court, wherein it is stated that she has settled the entire disputes with the petitioners and that she has no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.

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In a catena of decisions, the Apex Court has held that, in appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the

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Crl.MC.No.1472 OF 2019(D)

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court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr . reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.

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Accordingly, it is ordered in the interest of justice that the impugned Anx-A1 FIR in Crime No.2054/2014 of North Parur Police Station, Ernakulam district, which has led to the institution of Final Report in C.C. No.840/2015 on the files of the Judicial First Class Magistrate Court-I, North Parur and all further proceedings arising therefrom pending against accused Nos.1 to 3 will stand quashed. The petitioners will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward copy of this order to the Investigating Officer concerned, for necessary information.

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With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.

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Sd/ALEXANDER THOMAS JUDGE

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SKS

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Crl.MC.No.1472 OF 2019(D)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 COPY OF THE FIR & CHARGE IN CC NO.840/2015 ON THE FILE OF THE JFCM-I, NORTH PARAVUR.

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ANNEXURE A2 ORIGINAL COPY OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT DATED 29/1/2019.

Pramod v. State of Kerala

Case brief

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Pramod v. State of Kerala

Case brief

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