Sanoop Joshy and others v. Niya K.M. and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE V.K.MOHANAN** **THURSDAY, THE 12TH DAY OF SEPTEMBER 2013/21ST BHADRA, 1935** **Crl.MC.No. 4028 of 2013 ()** ## **---------------------------** ## **CRIME NO. 742/2012 OF ERNAKULAM TOWN NORTH POLICE STATION , ERNAKULAM ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCE) COURT, ERNAKULAM** ## **PETITIONERS/ACCUSED NOS.1 TO 3:** **--------------------------** ## **1. SANOOP JOSHY** **AGED 32 YEARS S/O., JOSHY BHASKARAN, KARITHARAPADAM (H) SPICES STREET, KALOOR, KOCHI 682 017 PRESENTLY RESIDING AT H.NO.112, 1ST FLOOR KARTHIKA, NEAR ANANDAVALLEYSWARAM TEMPLE KOLLAM** **2. JOSHY BHASKARAN, AGED 65 YEARS** **S/O. BHASKARAN, KARITHARAPADAM (H) SPICES STREET, KALOOR, KOCHI 682 017 PRESENTLY RESIDING AT H.NO.112, 1ST FLOOR KARTHIKA, NEAR ANANDAVALLEYSWARAM TEMPLE KOLLAM** ## **3. VASANTHI BHASKARAN, AGED 45 YEARS** **W/O. JOSHY BHASKARAN, KARITHARAPADAM (H) SPICES STREET, KALOOR, KOCHI 682 017 PRESENTLY RESIDING AT H.N.112, 1ST FLOOR KARTHIKA, NEAR ANANDAVALLEYSWARAM TEMPLE KOLLAM** ## **BY ADV. SRI.MATHAI VARKEY MUTHIRENTHY** ## **RESPONDENTS/COMPLAINANTS:** - **------------------------------** **1. NIYA.K.M. AGED 26/12** - **D/O. MADHUSOODANAN, 'NAYANA', KANIYARAMKODE HOUSE, TOLL GATE, EAST END, VADUTHALA, KOCHI 682 023** ## **2. ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM 682 011** **3. STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA 682 031** **R1 BY ADV. SRI.O.S.JAFARKHAN R2 & R3 BY PUBLIC PROSECUTOR SMT. S. HYMA** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-09-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **Crl.MC.No. 4028 of 2013 ()** ## **APPENDIX** ## **PETITIONERS' ANNEXURES** **-------------------------------------** **ANNEXURE-A1: CERTIFIED COPY OF FIR & FIS IN THE CRIME NO.742/12 DATED 26.4.2012 IN THE COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE (E.O) COURT ERNAKULAM** **ANNEXURE-A2: COPY OF MEMORANDUM OF AGREEMENT IN M.C. NO.31/2013 O.P.768/12, O.P.776/12 & O.P.491/13 OF FAMILY COURT, ERNAKULAM FILED BEFORE THE MEDIATION CENTRE, ERNAKULAM DATED NIL** **ANNEXURE-A3: COPY OF AFFIDAVIT FILED BY THE PETITIONER BEFORE THE HON'BLE HIGH COURT** **RESPONDENTS' EXHIBITS** **---------------------------------------** **NIL** //True copy// P.A. TO JUDGE Shg/ ## **V.K.MOHANAN, J. ------------------------------------Crl.M.C.No.4028 of 2013 ------------------------------------Dated this the 12[th] day of September, 2013** ## **ORDER** The above petition is filed under Section 482 of the Criminal Procedure Code (for short 'Cr.P.C.') at the instance of the petitioners, who are accused Nos.1 to 3 in Crime No.742 of 2012 of Ernakulam Town North Police Station for the offences punishable under Sections 498A read with Section 34 of IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, with a prayer to quash Annexure-A1 F.I.R. & F.I.S. in Crime No.742 of 2012 of Ernakulam Town North Police Station as the matter is settled out of court. 2. The prosecution allegation is that the de facto complainant, who belongs to 'Canickar' caste under Scheduled Caste has married by the first accused on 29/8/2010 as per the religious customs and rites prevailing among the Hindu religion and while the de facto complainant was residing in her matrimonial home she was subjected to cruelty demanding ## Crl.M.C.No.4028 of 2013 :-2-: more money towards dowry after misappropriating 70 sovereigns of gold ornaments out of 78 sovereigns and thus the accused have committed the offences punishable under Sections 498A read with Section 34 of IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Now the case of the petitioners is that during the pendency of the case, the entire dispute is settled through mediation as evidenced by Annexure-A2 and the first respondent has sworn into an affidavit to that effect which produced herein as Annexure-A3. 3. Heard the learned counsel for the petitioners as well as the 1[st] respondent. I have also heard the learned Public Prosecutor. 4. The learned counsel for the petitioners submitted that, during the pendency of the above crime, the dispute is settled amicably between the parties which is the subject matter of the above crime. Therefore, the continuation of the proceedings in the above crime is abuse of process of law and proceedings. Crl.M.C.No.4028 of 2013 :-3-: 5. The learned counsel for the 1[st] respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the de facto complainant does not intend to proceed any further against the petitioners and she has no grievance against them. 6. I have carefully considered the above submissions of the respective counsel. I have verified the documents and materials produced along with the above petition including Annexure-A3 affidavit. In the given facts and circumstances of the case and especially in the light of the settlement arrived between the parties to the dispute, the learned Public Prosecutor has also no objection in allowing the above petition. 7. Having regard to the facts and circumstances involved in the case, it can be seen that the offences involved in the above case are only under Sections 498A read with Section 34 of IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act which are more or less personal in nature and no public interest is involved. It is pertinent to note that though such offences are Crl.M.C.No.4028 of 2013 :-4-: involved, the real parties to the dispute approached this Court after having amicably settled the matter. From the submission made by the counsel for the 1[st] respondent, it appears to me that the de facto complainant has no further grievance against the petitioners/accused in the light of the settlement arrived by them. In this juncture, it is relevant to note that the Honourable Apex Court, in the decision reported in **Jitendra Raghuvanshi and Others** v. **Babita Raghuvanshi and another** [2013 (1) KLD 817(SC)], has held as follows:- “7. It is not in dispute that matrimonial disputes have been on considerable increase in recent times resulting in filing of complaints under Sections 498A and 406 of I.P.C. not only against the husband but also against the relatives of the husband. The question is when such matters are resolved either by the wife agreeing to rejoin the matrimonial home or by mutual settlement of other pending disputes for which both the sides approached the High Court and jointly prayed for quashing of the criminal proceedings or the FIR or complaint by the wife under Sections 498A and 406 of I.P.C., whether the prayer can be declined on the sole ground that since the offences are non-compoundable under Section 320 of the Code, it would be impermissible for the court to quash the criminal proceedings or FIR or complaint. 8. It is not in dispute that in the case on hand Crl.M.C.No.4028 of 2013 :-5-: subsequent to the filing of the criminal complaint under Sections 498A and 406 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, with the help and intervention of family members, friends and well-wishers, the parties concerned have amicably settled their differences and executed a compromise/settlement. Pursuant thereto, the appellants filed the said compromise before the Trial Court with a request to place the same on record and to drop the criminal proceedings against the appellants herein. It is also not in dispute that in additional to the mutual settlement arrived at by the parties, respondent/-wife has also filed an affidavit stating that she did not wish to pursue the criminal proceedings against the appellants and fully supported the contents of the settlement deed. It is the grievance of the appellants that no only the Trial Court rejected such prayer of the parties but also the High Court failed toe exercise its jurisdiction under Section 482 of the Code only on the ground that the criminal proceedings relate to the offences punishable under Sections 498A and 406 of IPC which are non-compoundable in nature.” “12. In our view, it is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings. 13. There has been an outburst of matrimonial :-6-: ## Crl.M.C.No.4028 of 2013 disputes in recent times. The institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a Court of law, in order to do complete justice in the matrimonial matters, the Courts should be less hesitant in exercising its extraordinary jurisdiction. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the Court is convinced, on the basis of material on record, that allowing the proceedings to continue would be an abuse of the process of the Court or that the ends of justice require that the proceedings ought to be quashed.” In the present case, the only offence involved is under Section 498A of I.P.C. The criminal proceedings for the said offence originated from the matrimonial issues, which are now settled. Consequently, the parties want a quietus to the criminal case as well. According to me, in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived in the present case, the dictum laid in the above decision will be squarely applicable in the Crl.M.C.No.4028 of 2013 :-7-: present case. According to me, as the parties to the dispute settled the issues amicably, it is the duty of this Court to promote such settlement, instead of compelling the parties to go on with the dispute. It is pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there would not have any fruitful prosecution resulting the conviction of the accused, rather the net result would be sheer waste of judicial time and abuse of process of the court and proceedings. Thus, according to me, following the decisions cited supra, this Crl.M.C. can be allowed granting the relief as sought for. In the result, this Crl.M.C. is allowed, quashing Annexure-A1 F.I.R. & F.I.S. in Crime No.742 of 2012 of Ernakulam Town North Police Station and all further proceedings thereto. ## **V.K.MOHANAN, JUDGE** skj