Dileesh Viswanath and Shobhana v. State of Kerala and Chaithanya P.T.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 28TH DAY OF OCTOBER 2020 / 6TH KARTHIKA, 1942** ## **Crl.MC.No.430 OF 2020(C)** **AGAINST CC 827/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KANNUR CRIME NO.526/2019 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT** ## **PETITIONERS/ACCUSED 1 & 2:** **1 DILEESH VISWANATH, AGED 35, S/O. LATE THOPPIL VISWANATHAN, RESIDING AT VISWA SOBHA, TC.78/1208, PALLIMUKKU, PETTAH, THIRUVANANTHAPURAM-695 024. 2 SHOBHANA AGED 60 YEARS, W/O. THOPPIL VISHWANATHAN, RESIDING AT VISWASHOBHA, T.C.78/2018, PALLIMUKKU, PETTA, THIRUVANANTHAPURAM-695 024. BY ADV. SMT.MAJIDA.S** ## **- RESPONDENTS/STATE & DE FACTO COMPLAINANT:** **1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 CHAITHANYA P.T. AGED 40, D/O. RAMESH T.C., RESIDING AT SOORYA, PALLIKUNNU P.O., KANNUR DISTRICT-670 004.** **R2 BY ADV. SRI.ABDUL RAOOF PALLIPATH** ## **OTHER PRESENT:** ## **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.430 OF 2020(C) 2 ## **ALEXANDER THOMAS, J.** ------------------------------------------Crl.M.C. No.430 of 2020 ---------------------------------------------Dated this the 28[th] day of October, 2020 ## **O R D E R** The prayer in the aforecaptioned Criminal Miscellaneous Case filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.), are as follows:- _**"............to allow this Criminal Miscellaneous Case and quash Annexure-A2 Final Report in C.C. No.827/2019 before the Judicial First Class Magistrate Court-I, Kannur whicgh arose from Crime No.526/2019 of Kannur Town Police Station, Kannur District and all further proceedings therein against the accused/petitioners herein.”**_ 2. Heard Smt.S.Majida, learned counsel appearing for the petitioners (A1 & A2), Sri.Saigi Jacob Palatty, learned Public Prosecutor, appearing for the 1[st] respondent-State of Kerala and Sri.Abdul Raoof Pallipath, learned Advocate, appearing for contesting respondent No.2 (lady _de facto_ complainant). 3. The petitioners herein have been arrayed as accused 1 & 2 among the two accused in the impugned Annexure A1-FIR in crime No.526/2019 of Kannur Town Police Station, which have been registered on 24.04.2019, for offences punishable under Sections 498A & 34 of the Indian Penal Code, which have been Crl.MC.No.430 OF 2020(C) 3 registered on 24.04.2019, pursuant to the directions issued by the learned Magistrate in the private criminal complaint filed by the 2[nd] respondent alleging those offences. The Police, after investigation, has filed the impugned Annexure A-2 Final Report/Charge Sheet in the abovesaid crime No.526/2019 of Kannur Town Police Station, which has now led to the pendency of Calendar Case C.C. No.827/2017 of the Judicial First Class Magistrate Court-I, Kannur. 4. Now it is submitted by Smt.S. Majida, learned counsel appearing for the petitioners/accused persons and Sri.Abdul Raoof Pallipath, learned Advocate, appearing for contesting respondent No.2, that the entire disputes between the parties have been resolved to their satisfaction and that the marriage between the 1[st] petitioner and the 2[nd] respondent has been dissolved by a common judgment rendered by this Court in O.P. Nos.266/2018 & 146/2017 and M.C.No.467/2020 on the basis of compromise arrived at between the parties. Hence the 2[nd] respondent has now filed the affidavit dated 10.08.2020 that since the entire disputes between the parties have been resolved and that as the incidents have occurred on account of the matrimonial disputes between them, she is no longer interested in pursuing the impugned Crl.MC.No.430 OF 2020(C) 4 criminal proceedings and the same may be quashed on the ground of settlement between the parties. A copy of the said affidavit has been produced as Annexure A-8 along with Crl.M.A. No.2/2020, filed in this Crl.M.C., which reads as follows:- _“_ **==> picture [333 x 521] intentionally omitted <==** Crl.MC.No.430 OF 2020(C) 5 **==> picture [333 x 459] intentionally omitted <==** 5. 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 Crl.MC.No.430 OF 2020(C) 6 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. 6. Accordingly, taking into account the totalities of the facts and circumstances of this case, this Court is of the considered view that the claim for quashment by resort to the inherent power under Section 482 Cr.P.C. should be considered in this case as the incidents have occurred on account of the matrimonial disputes between the parties and as now the disputes between the parties have been resolved by compromise and the marital relationship between them has been dissolved on the basis of consent of the Crl.MC.No.430 OF 2020(C) 7 parties, it is ordered that the impugned Annexure A-2 Final Report/Charge Sheet filed in crime No.527/2019 of Kannur Town Police Station which led to the pendency of calender case CC No.827/2019, on the file of the Judicial First Class Magistrate Court, Kannur, as against the petitioners (accused persons) and all further proceedings emerged therefrom will stand quashed and set aside. The Registry will produce a certified copies of the order to the Investigation Officer concerned and also to the Judicial First Class Magistrate Court-I, Kannur, who is dealing with C.C. No.827/2019 for necessary information With these observations and directions, the above criminal miscellaneous case will stand dismissed. ## **Sd/-** **ALEXANDER THOMAS, JUDGE** Skk//14092020 Crl.MC.No.430 OF 2020(C) 8 ## **APPENDIX** ## **PETITIONERS’ EXHIBITS:** **ANNEXURE A1 CERTIFIED COPY OF THE F.I.R. AND THE COMPLAINT IN C.M.P NO.1755/2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR WHICH AROSE FROM CRIME NO.526/2019 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT.** **ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.827/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KANNUR. ANNEXURE A3 TRUE COPY OF THE O.P.NO.226/2018 ON THE FILE OF FAMILY COURT, KANNUR DATED 21.7.2017. ANNEXURE A4 TRUE COPY OF THE M.C.NO.416/2017 ON THE FILE OF FAMILY COURT, KANNUR DATED 30.10.2017. ANNEXURE A5 TRUE COPY OF THE O.P.NO.1046/2017 ON THE FILE OF FAMILY COURT, KANNUR DATED 30.10.2017. ANNEXURE A6 TRUE COPY OF THE ORDER DATED 19.7.2019 IN O.P.(F.C) NO.466/2019 OF THE HON'BLE HIGH COURT. ANNEXURE A7 TRUE COPY OF THE I.A. DATED 30.12.2019 IN M.C.NO.266/2018 ON THE FILE OF FAMILY COURT, KANNUR. ANNEXURE A8 AFFIDAVIT DATED 10.8.2020 SWORN BY 2ND RESPONDENT.** **RESPONDENTS’ EXHIBITS: nil**