Crl.M.C. Nos. 6448/2019 & 4565/2018, High Court of Kerala

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** # **THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941** **Crl.MC.No.6448 OF 2019(E)** **AGAINST THE ORDER/JUDGMENT IN CC 1031/2017 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,TRIVANDRUM** **CRIME NO.401/2016 OF Petta Police Station , Thiruvananthapuram** ## **PETITIONER/S:** **1 SREEJI, AGED 35 YEARS, S/O.MADHUSOODANAN NAIR, SRAVANYA, NEAR OLD VISHNU THEATRE, KUNNATHUKAL PANCHAYATH, KUNNATHUKAL VILLAGE, NEYYATTINKARA THALUK, THIRUVANANTHAPURAM DISTRICT. 2 MADHUSOODANAN NAIR, AGED 70 YEARS S/O.RAMAKRISHNAN NAIR, SRAVANYA, NEAR OLD VISHNU THEATRE, KUNNATHUKAL PANCHAYATH, KUNNATHUKAL VILLAGE, NEYYATTINKARA THALUK, THIRUVANANTHAPURAM DISTRICT. 3 VASANTHAKUMARI, AGED 67 YEARS D/O.JANAKI AMMA, SRAVANYA, NEAR OLD VISHNU THEATRE, KUNNATHUKAL PANCHAYATH, KUNNATHUKAL VILLAGE, NEYYATTINKARA THALUK, THIRUVANANTHAPURAM DISTRICT. 4 SREERANJ, AGED 38 YEARS, S/O.MADHUSOODANAN NAIR, SRAVANYA, NEAR OLD VISHNU THEATRE, KUNNATHUKAL PANCHAYATH, KUNNATHUKAL VILLAGE, NEYYATTINKARA THALUK, THIRUVANANTHAPURAM DISTRICT.** **BY ADVS. SRI.G.SUDHEER SRI.R.HARIKRISHNAN (H-308)** ::2:: Crl.M.C.Nos.6448/2019 & 4565/2018 ## **RESPONDENT/S:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE PUBLIC PROSECUTOR,**| ||**HIGH COURT OF KERALA, ERNAKULAM, KOHCI-31.**| |**2**|**SREETHU S.P., AGED 30 YEARS**| ||**D/O.PRASANNAKUMARI, SIVAM, TC 9/2359,**| ||**HOUSE NO.39, SREERANGAM LANE, SASTHAMANGALAM,**| ||**THIRUVANANTHAPURAM DISTRICT.**| **R2 BY ADV. S.K.VINOD** ## **OTHER PRESENT:** **SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1, SRI.S.K.VINOD FOR R2** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.09.2019, ALONG WITH Crl.MC.4565/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ::3:: Crl.M.C.Nos.6448/2019 & 4565/2018 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941** ## **Crl.MC.No.4565 OF 2018** **AGAINST THE ORDER/JUDGMENT IN CC 900/2017 OF CHIEF JUDICIAL MAGISTRATE ,TRIVANDRUM/SPECIAL COURT FOR TRIAL OF CYBER CRIME** ## **PETITIONER/S:** |**1**|**SURESH.V, AGED 58 YEARS,**| |---|---| ||**S/O.VASUDEVAN,'SIVAM',TC 9/2359,**| ||**B-39, SREERANGAM LANE, SASTHAMANGALAM.P.O,**| ||**THIRUVANANTHAPURAM-695010.**| |**2**|**PRASANNA KUMARI, AGED 53 YEARS,**| ||**W/O SURESH.V, 'SIVAM', TC 9/2359,**| ||**B-39,SREERANGAM LANE, SASTHAMANGALAM.P.O,**| ||**THIRUVANANTHAPURAM-695010.**| |**3**|**SREETHU.S.P, AGED 29 YEARS,**| ||**D/O.PRASANNA KUMARI,'SIVAM',TC 9/2359,**| ||**B-39, SREERANGAD LANE, SASTHAMANGALAM .P.O,**| ||**THIRUVANANTHAPURAM-695010.**| ||**BY ADVS.**| ||**SRI.SAJITH KUMAR V.**| ||**SMT.ARYA RAGHUNATH**| ||**SRI.N.S.DAYA SINDHU SHREE HARI**| ||**SMT.S.PARVATHI (P-960)**| ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.** ::4:: Crl.M.C.Nos.6448/2019 & 4565/2018 **2 SREEJI.M.V, AGED 34 YEARS, S/O.P.R.MADHUSOODHANAN NAIR, 'SHRAVANYA', KUNNATHUKAL, KARAKONAM.P.O,THIRUVANANTHAPURAM-695504. R1-2 BY ADV. SRI.T.I.UNNIRAJA R1 BY ADV. SRI.R.S.VISRUTH** ## **OTHER PRESENT:** **SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH Crl.MC.6448/2019(E), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ::5:: Crl.M.C.Nos.6448/2019 & 4565/2018 ## **ALEXANDER THOMAS, J** . ----------------------------Crl.M.C.Nos.6448/2019 & 4565/2018 --------------------------------Dated this the 19[th] day of September, 2019. ## **O R D E R** The 4 petitioners in Crl.M.C.No.6448/2019 have been arrayed as accused Nos.1 to 4 respectively among the 4 accused in the impugned Anx-A FIR in Crime No.401/2016 of Pettah Police Station, Thiruvananthapuram District, which has been registered for offences punishable under Sec.498A & 34 of the I.P.C., on the basis of the complaint/FIS given by the lady de facto complainant. The Police after investigation filed the impugned Anx-B Final Report in the abovesaid Crime, which has now led to the pendency of C.C.No.1031/2017 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The 2[nd] respondent herein is the wife of the 1[st] petitioner (accused No.1). The petitioners 2 to 4 (A-2 to A-4) are the father, mother and brother respectively of the 1[st] petitioner (A-1). The prosecution case in short is that after the marriage of the abovesaid spouses, the petitioners in Crl.M.C.No.6448/2019 have harassed and inflicted cruelty on the 2[nd] respondent and thereby they have committed the abovesaid offences. ::6:: Crl.M.C.Nos.6448/2019 & 4565/2018 2. The 3 petitioners in Crl.M.C.No.4565/2018 are the accused Nos.1 to 3 respectively among the 3 accused in C.C.No.900/2017 on the file of the Chief Judicial Magistrate's Court, Thiruvananthapuram. The 3[rd] petitioner in Crl.M.C.No.4565/2018 (A-3) is the wife of the 2[nd] respondent in that Crl.M.C. The 1[st] and 2[nd] respondents in Crl.M.C.No.4565/2018 (A-1 & A-2) are the father and mother respectively of the 3[rd] petitioner (A-3). The offences alleged in C.C.No.900/2019 is that the 3[rd] petitioner (A-3) along with the aid and help of the 1[st] & 2[nd] petitioners in Crl.M.C.No.4565/2018 (A-1 & A-2) had caused miscarriage of pregnancy of the 3[rd] petitioner (A-3) without the knowledge and consent of the 2[nd] respondent therein (husband of the 3[rd] petitioner). 3. Now, it is submitted by the learned Advocates appearing for the petitioners in these cases, learned Prosecutor as well as the contesting respondents in these cases that the disputes primarily arose on account of the marital disputes between the spouses and the parties have now resolved their disputes and have decided to take steps to dissolve the marital relationship by filing appropriate application before the competent court below concerned to secure a decree of dissolution on the basis of consent and further that respective impugned criminal proceedings could be quashed on the ::7:: Crl.M.C.Nos.6448/2019 & 4565/2018 ground of settlement between the parties. Anx-C affidavit dated 8.4.2019 has been filed by the 2[nd] respondent in Crl.M.C.No.6448/2019 about the factum of the abovesaid settlement. 4. Sri.T.I.Unniraja, learned counsel appearing for the 2[nd] respondent (husband) in Crl.M.C.No.4565/2018 submits that his party has no objection for quashment of the impugned criminal proceedings relating to C.C.No.900/2017 on the file of the Chief Judicial Magistrate's Court, Thiruvananthapuram, which is challenged in Crl.M.C.No.4565/2018 as the matter has been settled between the parties. 5. The learned Prosecutor also does not have any serious objection for quashment of the impugned criminal proceedings on the ground of settlement as the disputes have primarily arose out of marital disputes between the spouses. 6. 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 ::8:: Crl.M.C.Nos.6448/2019 & 4565/2018 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 affidavits 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. 7. It is also relevant to note in this context that the Apex Court in the case in _**Z v. State of Bihar**_ , reported in (2018) 11 SCC 572 = AIR 2017 SC 3908, has held that in a case involving miscarriage of a woman, who has completed the age of majority, the consent of the guardian/husband need not be overemphasised, etc. 8. Accordingly, it is ordered in the interest of justice in Crl.M.C.No.6448/2019 that C.C.No.1031/2017 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, ::9:: Crl.M.C.Nos.6448/2019 & 4565/2018 which in turn has arisen from Crime No.401/2016 of Pettah Police Station and all further proceedings arising therefrom pending against the accused persons will stand quashed. It is further ordered in Crl.M.C.No.4565/2018 that C.C.No.900/2017 on the file of the Chief Judicial Magistrate Court, Thiruvananthapuram and all further proceedings arising therefrom pending against the accused persons will stand quashed. The petitioners will produce certified copies of this order before the Investigating Officer concerned as well as the court below concerned. The Office of the Advocate General will also forward a certified copy of this order to the Investigating Officer concerned. With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of. **Sd/ALEXANDER THOMAS, Judge.** bkn/- ::10:: Crl.M.C.Nos.6448/2019 & 4565/2018 ## **APPENDIX OF Crl.MC 6448/2019** ## **PETITIONER'S/S EXHIBITS:** **ANNEXURE A TRUE COPY OF THE FIR & FIS IN CRIME NO.401/2016 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM DATED 04.04.2016.** **ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.401/16 PREPARED BY THE SUB INSPECTOR OF POLICE, PETTAH POLICE STATION, THIRUVANANTHAPURAM BEFORE THE ADDITIONAL CJM, THIRUVANANTHAPURAM. ANNEXURE C AFFIDAVIT SWORN BY THE 2ND RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC DATED 08.04.2019.** ::11:: Crl.M.C.Nos.6448/2019 & 4565/2018 ## **APPENDIX OF Crl.MC 4565/2018** **PETITIONER'S/S EXHIBITS:** **ANNEXURE A** **A TRUE COPY OF THE ORDER DATED 01.11.2017 IN CMP NO.303/2016 BY THE CHIEF JUDICIAL MAGISTRATE COURT,THIRUVANANTHAPURAM** **ANNEXURE B A TRUE COPY OF THE PLEADINGS IN OP(HMA)NO.1738/2015 DATED 21/10/2015 BEFORE FAMILY COURT,THIRUVANANTHAPURAM** **ANNEXURE C A TRUE COPY OF THE PLEADINGS IN O.P.NO.2155/2015 DATED 31/12/2015 FILED BEFORE THE HON'BLE FAMILY COURT,THIRUVANANTHAPURAM** **ANNEXURE D A TRUE COPY OF THE CMP 303/2016 DATED 28/01/2016 FILED BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT,THIRUVANANTHAPURAM** **ANNEXURE E THE CERTIFIED COPY OF THE REFER REPORT.** **ANNEXURE F A CERTIFIED COPY OF THE AFFIDAVIT FILED BY THE DEFACTO-COMPLAINANT** **ANNEXURE G A CERTIFIED COPY OF THE APPLICATION DATED 01/03/2017 FILED BY THE COUNSEL FOR THE DE-FACTO COMPLAINANT.**