Arun R. v. State of Kerala and Deepa (and others) – Crl.M.C. Nos. 2899 of 2019 and 3281 of 2019

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941** **Crl.MC.No.2899 of 2019** **PENDING CC No.626/2018 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE, TRIVANDRUM** **CRIME NO.349/2018 of Poojappura Police Station, Thiruvananthapuram** ## **PETITIONER/ACCUSED:** **ARUN R. AGED 32 YEARS S/O.RADHAKRISHNAN, RESIDING AT 'USHUS' CHAMBAYIL ROAD, NEYYATHINKARA, THIRUVANANTHAPURAM** **BY ADV. SMT.VALSAMMA KURIAN JOSE** ## **RESPONDENT/STATE & DEFACTO COMPLAINANT:** **1 STATION HOUSE OFFICER, POOJAPPURA POLICE STATION THIRUVANANTHAPURAM DISTRICT, STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.** - **2 DEEPA** **D/O.OMANA, RESIDING AT AATTUKKAL BHAVAN, NEERAMANKARA, PAPPANAMCODE, NEMOM VILLAGE, KAIMANAM.P.O, THIRUVANANTHAPURAM-695040** **BY ADV. SRI.M.R.SASITH** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.06.2019, ALONG WITH Crl.MC.3281/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.M.C. Nos. 2899 & 3281 of 2019** **2** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941** **Crl.MC.No.3281 of 2019** **PENDING CC No.1320/2018 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE, TRIVANDRUM** ## **PETITIONERS/ACCUSED 1 TO 3:** - **1 RAVEENDRAN,AGED 50 YEARS S/O.RAMA NADAR, ATTUKAL BHAVANAM, NEERAMANKARA, PAPPANAMCODE NEMON VILLAGE, KAIMANAM PO, THIRUVANANTHAPURAM.** - **2 DEEPA,D/O.OMANA, ATTUKAL BHAVANAM, NEERAMANKARA, PAPPANAMCODE, NEMON VILLAGE, POOJAPPURA KAIMANAM PO, THIRUVANANTHAPURAM.** - **3 OMANA,W/O.RAVEENDRAN, ATTUKAL BHAVANAM, NEERAMANKARA, PAPPANAMCODE, NEMON VILLAGE, KAIMANAM PO, THIRUVANANTHAPURAM.** **BY ADV. SRI.M.R.SASITH** ## **RESPONDENTS/STATE & DE FACTO COMPLAINANT:** - **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.** - **2 SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM -695001.** - **3 ARUN.R, AGED 32 YEARS S/O.RADHAKRISHNAN, RESIDING AT USHUS, CHAMBAYIL ROAD, NEYYATTINKARA-695129, THIRUVANANTHAPURAM.** ## **BY ADV. SMT.VALSAMMA KURIAN JOSE** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.06.2019, ALONG WITH Crl.MC.2899/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Crl.M.C. Nos. 2899 & 3281 of 2019** **3** ## **ALEXANDER THOMAS, J. ========================== Crl.M.C. Nos. 2899 & 3281 of 2019 ============================** Dated this the 14[th] day of June, 2019 ## **O R D E R** The 2[nd] petitioner in Crl.M.C.No. 3281 of 2019 is the 2nd respondent in Crl.M.C.No.2899 of 2019. The sole petitioner in Crl.M.C. No.2899 of 2019 is the 3[rd] respondent in Crl.M.C.No.3281 of 2019. The sole petitioner in Crl.M.C. No.2899 of 2019/3rd respondent in Crl.M.C.No. 3281 of 2019 is the husband of Smt. Deepa (2[nd] respondent in Crl.M.C.No.2899 of 2019 and 2[nd] petitioner in Crl.M.C.No.3281 of 2019). It appears that lot of matrimonial litigative proceedings have arisen between the said spouses due to matrimonial disputes which the respective parties have initiated proceedings in the family court. That apart the husband has given complaint to the Police, which has led to the registration of Crime No.208 of 2018 of Poojappura Police Station in which the three petitioners in Crl.M.C.3281 of 2019 (the wife and her parents) have been arrayed as accused therein for offences punishable under Sections 427, 324, 341, 34, 294(b) and 506(1) of the IPC as per the First Information Report in the said crime No.208 of 2018 of Poojappura Police Station which has been produced as Anx.A1 in Crl.M.C.No.3281 of 2019. The police after investigation has filed final **Crl.M.C. Nos. 2899 & 3281 of 2019** **4** report in the matter which has led to the institution of C.C.No.1320 of 2018 on the file of Additional Chief Judicial Magistrate Court, Thiruvananthapuram and the said criminal proceedings have been impugned in Crl.M.C.No.3281 of 2019 filed by the wife and her parents. 2. The wife has filed complaint before the Police which has led to the institution of registration of Crime No. 349 of 2018 of Poojappura Police Station, for offences punishable under Section 506 (1) of the IPC in which the husband has been arrayed as the sole accused therein. The Police after investigation has filed final report in the said crime which has led to the institution of CC No.626 of 2018 on the file of Additional Chief Judicial Magistrate Court, Thiruvananthapuram and the said criminal proceedings have been impugned with Crl.M.C. No. 2899 of 2019 filed by the husband. Now the spouses and their relatives, who are parties to the various litigative proceedings before the Family Court as well as the defacto complainant and accused persons etc. in the present impugned criminal proceedings in these two Criminal Miscellaneous cases have made comprehensive settlement to resolve their disputes. The spouses have agreed to secure dissolution of marriage on mutual consent and for settlement of all the cases and also for termination of the impugned criminal proceedings. Copy of the said settlement agreement has been produced as Anx.A2 in Crl.M.C. No.2899 of 2019, **Crl.M.C. Nos. 2899 & 3281 of 2019** **5** which has also been produced as and Anx.A3 in Crl.M.C. No.3281 of 2019. 3. The respective defacto complainant in these two cases/the respective contesting respondent in these Crl. Miscellaneous cases have filed separate affidavits to these Crl. Miscellaneous cases stating that the parties have fully resolved the disputes and that the respective defacto complainant has no objection in quashment of the impugned Criminal proceedings on the ground of settlement. 4. 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 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 **Crl.M.C. Nos. 2899 & 3281 of 2019** **6** 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. 5. Taking note of the fact that the present impugned criminal proceedings are mainly animated out of matrimonial disputes between the above said spouses and since the spouses and their relatives have already fully settled their disputes. It is only fair and proper this Court should also recognise the said settlement and to give a quietus to the entire disputes between the parties not only in relation to the proceedings in the Family Court but also the impugned criminal proceedings before the Criminal Court concerned. 6. Accordingly, it is ordered in Crl.M.C. No.3281 of 2019 further proceedings in the impugned final report/charge sheet filed in crime No.208 of 2018 of Poojappura Police Station, which has led to the institution of CC No.1320 of 2018 on the file of Additional Chief Judicial Magistrate Court, Thiruvananthapuram, as against accused persons and all further proceedings taken in pursuance thereof against them will stand quashed. 7. Further it is ordered in Crl.M.C. No.2899 of 2019 further **Crl.M.C. Nos. 2899 & 3281 of 2019** **7** proceedings as per the impugned Anx.A1 final report/charge sheet filed in crime No.349 of 2018 of Poojappura Police Station, which has led to the institution of CC No.626 of 2018 on the file of Additional Chief Judicial Magistrate Court, Thiruvananthapuram as against the accused therein and all further proceedings taken in pursuance thereof against the accused will stand quashed. 8. The respective petitioners will produce certified copy of these orders before the respective Investigating Officer concerned as well as before the trial court concerned for necessary information. The office of the Advocate General will forward certified copy of this order to the Investigating Officer concerned in these two cases for necessary information. With these observations and directions both the above Criminal Miscellaneous Cases will stand finally disposed of. ## **Sd/-** ## **ALEXANDER THOMAS** **JUDGE** mpm **Crl.M.C. Nos. 2899 & 3281 of 2019** **8** ## **APPENDIX OF Crl.MC 2899/2019** **PETITIONER'S EXHIBITS:** **ANNEXURE A1 A CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 1ST RESPONDENT BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM IN CC NO.626/2018** **ANNEXURE A2 TRUE COPY OF THE AGREEMENT DATED 07.05.2018 ANNEXURE A3 A TRUE COPY OF THE O.P.NO.1090/2018 DATED 07.05.2018** **Crl.M.C. Nos. 2899 & 3281 of 2019** **9** ## **APPENDIX OF Crl.MC 3281/2019** ## **PETITIONERS' EXHIBITS:** **ANNEXURE A1 TRUE COPY OF FIR NO.208/2018 FILED BY THE 2ND RESPONDENT** **ANNEXURE A2 TRUE COPY OF FINAL REPORT FILED BY THE 2ND RESPONDENT** **ANNEXURE A3** **TRUE COPY OF THE AGREEMENT BETWEEN THE 2ND PETITIONER ALONG WITH 3RD RESPONDENT** // TRUE COPY // P.A. TO JUDGE