High Court quashed FIR and criminal proceedings in matrimonial dispute after settlement. Held that prosecution continuance would serve no purpose under Section 482 Cr.P.C. applying precedent principles.
Impugned FIR leading to final report in C.C.No.258/2018 and all further proceedings against accused stand 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 ALEXANDER THOMAS
MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941
Crl.MC.No.1492 OF 2019(F)
AGAINST THE ORDER/JUDGMENT IN CC 258/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, SASTHANCOTTAH
CRIME NO.1777/2017 OF SASTHANCOTTAH POLICE STATION, KOLLAM
PETITIONERS:
1 ARUN CHANDRAN.A.K AGED 32 YEARS S/O. ARAVINDAKSHAN PILLAI, RESIDING AT ARUN NIVAS, AAYIKUNNU, WEST KALLADA, SASTHANCOTTAH, KOLLAM RURAL 690 520 KERALA.
2 ARAVINDAKSHAN PILLAI, AGED 60 YEARS S/O. CHELLAPPAN PILLAI, RESIDING AT ARUN NIVAS, AAYIKUNNU, WEST KALLADA, SASTHANCOTTAH, KOLLAM RURAL 690 520 KERALA
3 KOMALAVALLY, AGED 50 YEARS W/O. ARAVINDAKSHAN PILLAI, S/O. CHELLAPPAN PILLAI RESIDING AT ARUN NIVAS, AAYIKUNNU, WEST KALLADA, SASTHANCOTTAH, KOLLAM RURAL 690 520 KERALA.
4 ARYA AGED 30 YEARS D/O. ARAVINDAKSHAN PILLAI, S/O. CHELLAPPAN PILLAI RESIDING AT ARUN NIVAS, AAYIKUNNU, WEST KALLADA, SASATHANCOTTAH, KOLLAM RURAL 690 520 , KERALA.
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BY ADVS. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SRI.M.A.VINOD SRI.M.RAJESH KUMAR SAHEER M
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
3 AKHILA MOHAN, AGED 26 YEARS D/O. MOHANAN PILLAI, RESIDING AT KINARUVILA PUTHENVEEDU, SOUTH MYNAGAPPALLY, MYNAGAPPALLY, SASTHANCOTTAH, KOLLAM RURAL KERALA.
R3 BY ADV. SRI.SOORANAD S.SREEKUMAR SRI.SANTHOSH PETER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
= = = = = = = = = = = = = = = = = Crl.M.C.No.1492 of 2019
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2019
O R D E R
The petitioners herein have been arrayed as the accused in AnnexureA1 FIR in Crime No.1777/2017 of Sasthancottah Police Station, Kollam, registered for offences punishable under Secs.498A, 323 & 34 of Indian Penal Code and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, which led to the pendency of Annexure-A2 final report in C.C.No.258/2018 on the file of the Judicial First Class Magistrate's Court, Sasthancottah. It is stated that now the entire disputes between the petitioners herein and the 3rd respondent/de facto complainant have been settled amicably and that the 3rd respondent has sworn to an 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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report in C.C.No.258/2018 on the file of the Judicial First Class Magistrate's Court, Sasthancottah and all further proceedings arising therefrom pending against all the accused will stand quashed.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE
vgd
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 8.9.2017 IN CRIME NO. 1777/2017 OF SASTHAMKOTTAH POLICE STATION.
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT DATED 5.7.2018 IN CRIME NO. 1777/2017 OF SASTHAMKOTTAH POLICE STATION, KOLLAM DISTRICT.
3 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 482 Cr.P.C. where parties have settled a dispute arising from a cognizable offence.
Whether the settlement affidavit and absence of pending purpose warrant quashing of FIR in case alleged matrimonial cruelty.
Whether legal principles in _Gian Singh_ and _Narinder Singh_ apply to this case.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶32
_Gian Singh_ v._ _State of Punjab_ reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 · Who else cites this
Narinder Singh and others v. State of Punjab and anrApplied¶32
_Narinder Singh and others v. State of Punjab and anr_ reported in (2014) 6 SCC 466 · Who else cites this
3 provisions across 3 enactments
Arun Chandran.A.K and others
State of Kerala
Akhila Mohan
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
