Bijosh and Chellamma v. State of Kerala and Others

``` CRL.MC NO. 551 OF 2025 ``` ``` 2025:KER:25908 ``` ``` 1 ``` **==> picture [58 x 57] intentionally omitted <==** ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN ``` ``` MONDAY, THE 24[TH] DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 ``` ``` CRL.MC NO. 551 OF 2025 ``` ``` CRIME NO.135/2024 OF MANNANCHERRY POLICE STATION, Alappuzha ``` ``` AGAINST THE ORDER/JUDGMENT IN CC NO.185 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,ALAPPUZHA ``` ## `PETITIONERS/ACCUSED 1-2 :` ``` 1BIJOSH AGED 44 YEARS S/O APPUKUTTAN , NARIYANA VEETIL, PONNAD P.O, MANNANCHERRY P/W -4, ALAPPUZHA, KERALA, PIN - 688538 2CHELLAMMA AGED 70 YEARS W/O APPUKUTTAN, NARIYANA VEETIL, PONNAD P.O, MANNANCHERRY P/W -4, ALAPPUZHA, KERALA, PIN - 688538 ``` ``` BY ADVS. BHANU THILAK S.R.PRASANTH FATHIMA RINSHA T.P. S.SAJILA ATHIRA K. SASI ``` ## `RESPONDENTS/STATE & DEFACTO COMPLAINANT:` ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` CRL.MC NO. 551 OF 20252 ``` ``` 2025:KER:25908 ``` **==> picture [58 x 57] intentionally omitted <==** - `2 STATION HOUSE OFFICER MANNANCHERY POLICE STATION, MANNANCHERY, MARKET RD, WARD -6, ALAPPUZHA DISTRICT, KERALA, PIN - 688538` ``` 3AJEESHA AGED 38 YEARS W/O BIJOSH, NARIYANA VEETIL, PONNAD P.O, MANNANCHERRY P/W -4, ALAPPUZHA, KERALA, PIN - 688538 ``` ``` BY ADV VISHNU.R ``` ``` SMT. SEENA C (PP) ``` ``` THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` ``` CRL.MC NO. 551 OF 2025 ``` ``` 3 ``` ``` 2025:KER:25908 ``` **==> picture [58 x 57] intentionally omitted <==** ## **`C. JAYACHANDRAN, J. -----------------------------------CRL.MC NO. 551 OF 2025`** ``` ------------------------------------ Dated, this the 24[th] day of March, 2025 ``` ## **`ORDER`** ``` B.S.Joshi and Others v. State of Haryana and another [(2003) 4 SCC 675] held that the offence under Section 498A can be quashed by the High Court exercising its inherent power under Section 482 Cr.P.C (now Section 528 of BNSS, 2023), though such offence is not compoundable under Section 320. Relying on State of Karnataka v. L. Muniswamy [(1977) 2 SCC 699], a two Judges Bench in B.S. Joshi (Supra) held that ends of justice are higher than ends of mere law, though justice has got to be administered according to laws made by legislature. The fact that there is no reasonable likelihood of conviction, in the wake of settlement between the parties, was taken stock of. The following findings in B.S.Joshi (supra) are relevant and extracted here below: ``` ``` “What would happen to the trial of the case where the ``` ``` CRL.MC NO. 551 OF 2025 ``` ``` 2025:KER:25908 ``` ``` 4 ``` **==> picture [58 x 57] intentionally omitted <==** ``` wife does not support the imputations made in the FIR of the type in question. As earlier noticed, now she has filed an affidavit that the FIR was registered at her instance due to temperamental differences and implied imputations. There may be many reasons for not supporting the imputations. It may be either for the reason that she has resolved disputes with her husband and his other family members and as a result thereof she has again started living with her husband, with whom she earlier had differences or she has willingly parted company and is living happily on her own or has married someone else on the earlier marriage having been dissolved by divorce on consent of parties or fails to support the prosecution on some other similar grounds. In such eventuality, there would almost be no chance of conviction. Would it then be proper to decline to exercise power of quashing on the ground that it would be permitting the parties to compound non-compoundable offences? The answer clearly has to be in the "negative". It would, however, be a different matter if the High Court on facts declines the prayer for quashing for any valid reasons including lack of bona fides.” ``` ``` 2.The dictum laid down inB.S.Joshi (supra) was doubted along with that laid down in other cases and referred to and considered by a three Judges Bench of the Hon'ble Supreme Court inGian Singh v. State of ``` ``` CRL.MC NO. 551 OF 20255 ``` ``` 2025:KER:25908 ``` **==> picture [58 x 57] intentionally omitted <==** ``` Punjab and another [(2012) 10 SCC 303].B.S.Joshi (supra), along with other cases, were confirmed by the Supreme Court. It is relevant to note that the subject matter inB.S.Joshi (supra) was specifically with reference to the offences under Section 498A and 406 of the Indian Penal Code. ``` ``` 3.In the facts at hand, petitioners are the accused nos.1 and 2 in Crime No.135/2024 of Mannancherry PoliceStation, Alappuzha,nowpendingas C.C.No.185/2024 before the Judicial First Class Magistrate Court-II, Alappuzha. As per the final report, the offences alleged are under Sections 294(b), 323, 324, 498A and 34 of the Indian Penal Code. The petitioners seek quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties. ``` ``` 4.Heard the learned counsel for the petitioners, learned counsel for the defacto complainant/3rd respondent and the learned Public Prosecutor. Perused ``` ``` CRL.MC NO. 551 OF 2025 ``` ``` 6 ``` ``` 2025:KER:25908 ``` **==> picture [58 x 57] intentionally omitted <==** ``` the records. ``` ``` 5.When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statement was handed over. On perusal of the same, it is clear that the issues between the petitioners and the defacto complainant are settled amicably and that the 1[st] petitioner and the defacto complainant are residing together harmoniously as husband and wife at the matrimonial home. The defacto complainant is disinterested to prosecute the case, any further and has no objection in quashing the criminal proceedings against the petitioners. That apart, it is noticed that, along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (3[rd]respondent herein) as Annexure-A3, wherein she would unequivocally state that the disputes have been settled amicably. The defacto complainant would also swear that she has no subsisting grievance against the petitioners and has no objection in quashing the criminal proceedings against the ``` ``` CRL.MC NO. 551 OF 20257 ``` ``` 2025:KER:25908 ``` **==> picture [58 x 57] intentionally omitted <==** ``` petitioners. The affidavit is sworn to on her own volition. This Court, is therefore, convinced that the settlement arrived at is genuine and bonafide. Learned Counsel for the defacto complainant/3[rd ]respondent would also endorse that the quashment sought for can be allowed. ``` ``` 6.In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out inB.S.Joshi (supra) andGian Singh (Supra), are fully satisfied. This Court is convinced that further proceedings against the petitioners will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. This Court also notice that offence under Section 323 is compoundable, which is all the more ``` ``` CRL.MC NO. 551 OF 20258 ``` ``` 2025:KER:25908 ``` **==> picture [58 x 57] intentionally omitted <==** ``` a reason to accept the compromise between the parties. In the circumstances, this Crl.M.C. is allowed. Annexure-A1 FIR, Annexure-A2 Final Report in Crime No.135/2024 andallfurtherproceedingsin C.C.No.185/2024 of the Judicial First Class Magistrate Court-II, Alappuzha, are hereby quashed. ``` ## **`Sd/-`** ## **`C. JAYACHANDRAN`** ``` JUDGE ``` ``` ska ``` ``` CRL.MC NO. 551 OF 2025 ``` ``` 9 ``` ``` 2025:KER:25908 ``` ``` APPENDIX OF CRL.MC 551/2025 ``` **==> picture [58 x 57] intentionally omitted <==** ## `PETITIONER ANNEXURES` ``` Annexure A1TRUE COPY OF THE FIR IN CRIME NO 135/2024 OF MANNANCHERY POLICE STATION, ALAPPUZHA DATED 07-02-2024 ``` ``` Annexure A2TRUE COPY OF THE FINAL REPORT IN CRIME NO. 135/2024 OF MANNANCHERY POLICE STATION, ALAPPUZHA DISTRICT WHICH IS NOW PENDING AS CC NO. 185/2024 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALAPPUZHA ``` ``` Annexure A3THE AFFIDAVITS SWORN BY THE 3RD RESPONDENT/DE-FACTO COMPLAINANT DATED 18-11- 2024 ```