High Court of Kerala quashed criminal proceedings under Section 498A IPC against the petitioner following an affidavit of settlement by the complainant, citing Supreme Court precedents.
Impugned Crime No.184/2017 and all further proceedings pending against the accused stand quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941
Crl.MC.No.5114 OF 2018
CRIME NO.184/2017 OF VALAPPATTANAM POLICE STATION, KANNUR
PETITIONER/ACCUSED:
PRADEEP KUMAR K. S/O.P.V.KUNHIRAMAN NAIR, AGED 53 YERS, SUVARNA HOUSE, CHIRAKKAL P.O., KANNUR DISTRICT, PIN - 670 011.
BY ADVS. SRI.R.PARTHASARATHY SRI.RAJESH V.NAIR
RESPONDENTS/COMPLAINANT & STATE:
1 JAYALAKSHMI P.K., D/O.LATE KUNHISANKARAN, AGED 49 YEARS, OYSTER APARTMENT, PANTHEERANKAVU P.O., CALICUT, PIN - 673 019.
2 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADV. SRI.T.RAJESH R1 BY ADV. SMT.P.V.SARITHA VENUGOPAL SRI.P.N.SUMODU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
= = = = = = = = = = = = = = = = = Crl.M.C.No.5114 of 2018
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of October, 2019
O R D E R
The petitioner herein has been arrayed as the sole accused in Crime No.184/2017 of Valappattanam Palace Police Station, Kannur, registered for offences punishable under Sec.498A of the Indian Penal Code. It is stated that now the entire disputes between the petitioner herein and the 1st respondent de facto complainant have been settled amicably and that the 1st respondent has sworn to affidavit before this Court, wherein it is stated that she has settled the entire disputes with the petitioner and that she has no objection for quashment of the impugned criminal proceedings pending against the petitioner. It is in the light of these aspects that the petitioner has preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against him.
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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 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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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 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.184 OF 2017 FILED BY SHO, VALAPPATTANAM POLICE STATION.
ANNEXURE A2 TRUE PHOTO COPY OF ORDER PASSED BY THIS DISTRICT COURT (P), THALASSERY IN CRL.M.C.NO.268/2018, DATED 27/02/2018.
ANNEXURE A3 TRUE COPY OF O.P.NO.387/2018 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, KANNUR.
ANNEXURE A4 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT AGAINST ONE PREMAN BEFORE THE CITY POLICE COMMISSIONER, KOZHIKODE,
ANNEXURE A5 TRUE COPY OF COMPLAINT FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER BEFORE THE VANITHA POLICE CELL, KANNUR.
2 issues framed by the court
Whether the High Court can quash criminal proceedings under Section 498A IPC upon settlement of disputes?
Whether the continuance of prosecution will serve any purpose given the settlement between parties?
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶22
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 anr.Applied¶22
Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
PRADEEP KUMAR K.
JAYALAKSHMI P.K.
THE STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ALEXANDER THOMAS
Parties & counsel
