Abdul Sathar P., Khayarunnisa P., Meharoof P.P. and P. Musthafa v. State of Kerala and Safreena Basheer V.V.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** ## **FRIDAY, THE 4TH DAY OF APRIL 2014/14TH CHAITHRA, 1936** ## **Crl.MC.No. 1749 of 2014 ()** **--------------------------CC.NO.177/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, KANNUR CRIME NO. 762/2012 OF KANNUR CITY POLICE STATION , KANNUR DISTRICT** **------------------------------------** ## **PETITIONERS/ACCUSED 1 TO 4:** **----------------------------------------------------** ## **1. ABDUL SATHAR.P.,S/O.MAMU, POOCHERYIANTAVIDA HOUSE, ITTANDIPOOVALAPPU, KANNUR CITY - 670 003.** **2. KHAYARUNNISA.P, W/O.MEHAROOF, MUSTHAFFA'S LINE ROOM, MAITHANPALLY, KANNUR - 670 003.** ## **3. MEHAROOF.P.P, S/O.USMAN, MUSTHAFFA'S LINE ROOM, MAITHANPALLY, KANNUR - 670 003.** ## **4. P. MUSTHAFA,** **S/O.MAMU, N.P HOUSE, KATTAMBALLIKUNNU, CHIRACKAL AMSOM, KANNUR - 670 003.** ## **BY ADV. SRI.K.P.SUJESH KUMAR** ## **RESPONDENTS:** - **-----------------------------** ## **1. STATE OF KERALA,** **REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.** ## **2. SAFREENA BASHEER V.V.,** **MAHAL-AL-DAITH, SADDAM BEACH ROAD, EDAKKAD AMSOM,ADIKADALAYI, KANNUR - 670 003.** **R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.P. R2 BY ADV. SRI.LAL ABRAHAM** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-04-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **sts** **Crl.MC.No. 1749 of 2014 ()** ## **---------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' ANNEXURES:** **-------------------------------------------** **ANNEX A1 : CERTIFIED COPY OF THE F.I.R IN CRIME NO.762/2012 OF KANNUR CITY POLICE STATION, DATED 25.10.2012** **ANNEX A2 : CERTIFIED COPY OF THE CHARGE SHEET IN C.C.NO.199/2013 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, KANNUR.** **ANNEX A3 : AFFIDACIT SWORN TO BY THE SECOND RESPONDENT DATED 05.03.2014** ## **RESPONDENT(S)' ANNEXURES:** ## **NIL** ## **/TRUE COPY/** **P.A.TO.JUDGE** **sts** K. RAMAKRISHNAN, J. -----------------------------------------------------------------Crl.M.C. No.1749 of 2014 --------------------------------------------------------------------Dated this the 4[th] day of April, 2014 ## O R D E R This criminal miscellaneous case is filed by the petitioners, who are accused Nos.1 to 4 in C.C.No.177/2014 on the file of the Judicial First Class Magistrate Court-II, Kannur, to quash the proceedings on the basis of settlement under Section 482 of the Code of Criminal Procedure (hereinafter called the 'Code'). 2. It is alleged in the petition that, the petitioners are accused Nos.1 to 4 in C.C.No.177/2014 on the file of the Judicial First Class Magistrate Court-II, Kannur, which was originated on the basis of a private complaint filed by the 2[nd] respondent herein before the Judicial First Class Magistrate Court-II, Kannur, which was forwarded to the police for investigation under Section 156 (3) of the 'Code' and on that basis Annexure-A1 first information report was registered as Crime No.762/2012 of Kannur City Police Station and after investigation, Crl.M.C. No.1749 of 2014 2 Annexure-A2 final report was filed and thereafter, it was taken on file by the learned magistrate. 2[nd] respondent is none other than the wife of the first petitioner. It was a matrimonial dispute that resulted in the registration of the crime. The matter has been now settled between the parties, due to the involvement of family members and other well-wishers. They have decided to withdraw all the cases pending between them and the matter has been settled once for all. The 2[nd] respondent has no intention to prosecute the petitioners in view of the settlement. Since, the offences alleged are non-compoundable in nature, the petitioners have no other remedy, except to approach this court, seeking the following relief: “For these and other grounds to be urged at the time of hearing, it is humbly prayed that this Hon'ble Court be pleased to quash Annexure-A2 charge sheet in C.C.No.177/2014 on the file of the Judicial First Class Magistrate Court-II, Kannur.” **==> picture [361 x 15] intentionally omitted <==** counsel and submitted that, the matter has been settled between the parties and they field Annexure-A3 affidavit supporting the settlement. Due to the settlement, the Crl.M.C. No.1749 of 2014 3 marriage between the first petitioner and the 2[nd] respondent has been dissolved and they do not want to prosecute the petitioners any more. The counsel for the petitioners submitted that, in view of the settlement, there is no possibility of conviction. So they prayed for allowing the application. 4. Learned Public Prosecutor on instructions, as directed by this court submitted that, there is no other case pending against the petitioners and it is a matrimonial dispute, but opposed the application. 5. It is an admitted fact that, the first petitioner married the defacto-complainant, who is shown as 2[nd] respondent herein and after some time, the love between them lost, which resulted in filing of criminal complaint, alleging offence under Section 498-A, 406 and 34 of the Indian Penal Code, which was forwarded to the police for investigation under Section 156(3) of the 'Code' and on the basis of which, Annexure-A1 first information report was registered, as Crime No.762/12 of Kannur City Police Crl.M.C. No.1749 of 2014 4 Station, alleging offences under Section 498-A read with Section 34 of the Indian Penal Code against the petitioners. After investigation, Annexure-A2 final report was filed against the petitioners, alleging offences under Section 498A, 406 read with Section 34 of the Indian Penal Code and it was originally taken on file as C.C.No.199/2013 and later re-numbered as C.C.No.177/2014 and now pending before the Judicial First Class Magistrate Court-II, Kannur. Further apart from this case, there were other cases also between the spouses before the family court and also before the magistrate court. On the basis of the settlement arrived at between the parties, parties have decided to dissolve their marriage and on that basis, the marriage has been dissolved as well and all the cases pending before the court were withdrawn except this case and they have decided to file application for quashing this complaint as well. It is on that basis, this criminal miscellaneous case has been filed. Further, the 2[nd] respondent appeared through counsel and filed Annexure-A3 affidavit stating these facts and Crl.M.C. No.1749 of 2014 5 expressing her no objection in allowing the application. 6. It is a family dispute and that has been resolved through mediation in the presence of family members and there is no possibility of conviction being entered against the petitioners, even if the prosecution is allowed to continue. Further in the case of family disputes, the settlement arrived at between the parties have to be honoured by the courts and that must be given effect as well. 7. In the decision reported in **Gian Singh v. State of Punjab [2012(4) KLT 108 (SC)]** , it has been held that: **“** In family disputes, if the parties have settled the issues, due to the intervention of well-wishers and the family members and does not want to proceeded with the criminal prosecution initiated, then that must be honoured and the prosecution has to be quashed, invoking the power under Section 482 of the Code.” 8. In view of the dictum laid down in the above decision and also considering the fact that, it is a family dispute, which has been settled between the parties due to the intervention of mediators, well-wishers and family Crl.M.C. No.1749 of 2014 6 members, which resulted in harmony among the two families in which ultimately the spouses decided to separate and pendeny of this case should be a hurdle for their future marital life and possibility of conviction is remote on account of the settlement, this court feels that, it is a fit case where the power under Section 482 of the 'Code' has to be invoked to quash the proceedings, as against the petitioners, in order to promote the settlement arrived at between the parties, which resulted in harmony in the two families, in the matrimonial home. So the petition is allowed and further proceedings in C.C.No.177/2014 now pending before the Judicial First Class Magistrate Court-II, Kannur (Crime No.792/2012 of Kannur City Police Station) as against the petitioners is quashed. Office is directed to communicate this order to the concerned court, immediately for necessary further action. ## Sd/- K. Ramakrishnan, Judge // True Copy // P.A. to Judge ss