Shahul Hameed and Dilshad Beegam v. State of Kerala and Rahmath Beevi

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 30TH DAY OF OCTOBER 2014/8TH KARTHIKA, 1936 Crl.MC.No.6136 of 2014 () --------------------------CRIME NO.179/2014 OF KUNDARA POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 & 2: ----------------------------------- ## 1. SHAHUL HAMEED AGED 39 YEARS S/O.ABOOBEKKER KUNJU, IRSHAD MANZIL, CHANDANATHOPPU KOTTAMKARA, KOLLAM. ## 2. DILSHAD BEEGAM, AGED 18 YEARS D/O.SHAHUL HAMEED, S/O.ABOOBEKKER KUNJU, IRSHAD MANZIL CHANDANATHOPPU, KOTTAMKARA, KOLLAM. BY ADV. SRI.AJAYA KUMAR. G RESPONDENTS/STATE & DEFACTO COMPLAINANT: --------------------------------------------------------- ## 1. STATE OF KERALA REPRESENTED BY THE PUBLC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. RAHMATH BEEVI, AGED 42 YEARS D/O.MOIDEENKUTTY, IRSHAD MANZIL, CHANDANATHOPPU KOTTAMKARA, KOLLAM. FROM ILAKKARA KUNNUMALI CHEMMANITA.P.O., MALAPPURAM. PIN-676 505. R2 BY ADV. SRI.M.R.SARIN R1 BY PUBLIC PROSECUTOR SRI.R.GITHESH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 30-102014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 6136 of 2014 () --------------------------- ## APPENDIX PETITIONER(S)' EXHIBITS: ------------------------------ ANNEXURE 1- CERTIFIED COPY OF THE FIR IN CRIME NO.179/2014 OF KUNDARA POLICE STATION, KOLLAM. ANNEXURE 2- TRUE COPY OF THE SETTLEMENT DATED 23.9.2014. ANNEXURE 3- AFFIDAVIT SWORN BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL --------------------------------- // TRUE COPY // P.A TO JUDGE ## **ALEXANDER THOMAS, J. ----------------------------Crl.M.C.No.6136 Of 2014 --------------------------------Dated this the 30[th] day of October, 2014.** ## **O R D E R** The above captioned Criminal Miscellaneous Case (Crl.M.C), invoking the inherent powers conferred on this Court under Section 482 Cr.P.C, has been filed with the prayer to quash the impugned Annexure-1 FIR in Crime No.179/2014 of Kundara Police Station, Kollam District and all further proceedings arising therefrom. The two petitioners herein are the two accused in impugned Annexure-1 FIR in Crime No.179/2014 of Kundara Police Station registered for offences under Sections 498A, 294 (b), 323, 325 r/w 34 Indian Penal Code. 2[nd] respondent (defacto complainant) is the wife of the 1[st] petitioner and 2[nd] petitioner is the daughter of the 1[st] petitioner in his first marriage. The 1[st] petitioner married the 2[nd] respondent on 28.11.2010 at her residence. The 1[st] petitioner had an earlier marriage and his first wife is no more. After the marriage, the 1[st] petitioner and 2[nd] respondent were living together at the 1[st] petitioner's house. Later, due to difference of opinion the 2[nd] respondent (defacto complainant) filed a complaint before the Sub inspector of Police, Kundara and consequently, Annexure-1 FIR in Crime No.179/2014 of Kundara Police Station was registered for the ::2:: ## **Crl.M.C.No.6136 Of 2014** aforementioned offences. The brief of the prosecution case is that the accused ill-treated the defacto complainant with cruelty and harassed her demanding dowry. It is further stated that other legal proceedings are also pending before the Judicial First Class Magistrate Court-I, Kollam and Munsiff Court, Kollam. It is stated that now all the disputes between the parties were settled amicably in the mediation held at the Legal Service Authority, Kollam and the parties have agreed to terminate all the disputes against the petitioner and the 2[nd] respondent has also agreed to terminate the impugned criminal proceedings pending against the petitioners in the aforementioned crime and that the 2[nd] respondent has no surviving grievance against the petitioners and she has no objection in quashing Annexure-1 FIR in Crime No.179/2014 of Kundara Police Station. Annexure-2 is the copy of the memorandum of agreement entered into between the 2[nd] respondent and the 1[st] petitioner before the District Mediation Centre, Kollam. Various clauses have been stipulated in Annexure-2 mediation agreement for the termination of the various cases between the petitioners. It is stipulated in clause (v) of Annexure-A2 agreement that for quashing Annexure-A1 FIR in Crime No.179/2014, the parties will seek for quashing FIR in the impugned crimeby approaching this Court. The 2[nd] ::3:: ## **Crl.M.C.No.6136 Of 2014** respondent has also sworn to an affidavit which is produced as Annexure-A3 in this Crl.M.C stating the above aspects and that all the disputes have been amiably settled in the mediation held at the District Mediation Centre, Kollam and the parties have agreed to terminate all legal proceedings against the petitioners and agreed to terminate all the criminal proceedings against the petitioners herein who are the accused in the above said crime and that the 2[nd] respondent has no complaint against all the accused in the above crime and she has no objection in quashing FIR in Crime No.179/2014 and that she has no surviving grievance against the petitioners herein. It is in the background of these facts and circumstances, this Crl.M.C has been filed. 2. The Crl.M.C. has been admitted and Sri.M.R.Sarin has taken notice for the 2[nd] respondent and the learned Public Prosecutor has taken notice for the 1[st] respondent-State of Kerala. 3. Heard Sri.Ajaya Kumar G., learned counsel for the petitioners, Sri.M.R.Sarin, learned counsel for the 2[nd] respondent and the learned Public Prosecutor appearing for the 1[st] respondent-State of Kerala. 4. The learned counsel for the petitioners has submitted ::4:: ## **Crl.M.C.No.6136 Of 2014** that during the pendency of the aforementioned criminal proceedings, the matter has been settled amicably between the parties, and that the continuation of the proceedings in the above case/crime will cause miscarriage of justice to both parties as the real disputants to the controversy have arrived at an amicable settlement and any further continuation of the criminal proceedings will amount to sheer wastage of time and money and would unnecessarily strain the judicial, administrative and financial resources of the State. 5. Sri.M.R.Sarin, learned counsel appearing for the 2[nd] respondent has submitted, on the basis of the specific instructions furnished by the 2[nd] respondent, that the 2[nd] respondent has amicably settled the disputes with the petitioners as stated above and that she has no objection in the quashment of the impugned criminal proceedings and that the complainant/victim/injured does not intend to proceed any further against the petitioners as she has no grievance against them and that she will not raise any dispute/complaint in future if the prayer for quashing the impugned criminal proceedings is allowed. 6. The learned Public Prosecutor also was heard, who also has not raised any serious objections and submitted that the ::5:: ## **Crl.M.C.No.6136 Of 2014** court may consider the prayer in this case in the light of the law well settled by the Apex Court in that regard. 7. After having carefully considered the submissions of the parties and after having perused the pleadings as well as the documents and materials placed in this matter, it can be seen that the offences alleged are more or less personal in nature and not much element of public interest is involved. The crucial aspect of the matter is that though such offences are involved, the real disputants to the controversy, which has led to the impugned criminal proceedings, have actually arrived at an amicable settlement of the matter. From the submissions made by the learned counsel for the 2[nd] respondent, it is clear to the Court that the injured/victim/defacto complainant has no further grievance against the petitioners/accused in the light of the settlement arrived at by them. In this connection, it is relevant to note the decision of the Apex Court in the case between _**Gian Singh** v._ _**State of Punjab**_ reported in 2013 (1) SCC (Cri) 160, para 61 = (2012) 10 SCC 303 = 2012(4) KLT 108(SC), wherein the Supreme Court has held as follows in para 61 thereof [ See SCC (Cri)]: _“61. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or_ ::6:: ## **Crl.M.C.No.6136 Of 2014** _complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under S.320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz;(i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R. may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed.._ ## It is further held as follows:- “...... _... But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim........”_ ## Further, in the case _**Jitendra Raghuvanshi and Others** v._ ## _**Babita Raghuvanshi and another**_ reported in (2013) 4 SCC 58 [see 2013 (1) KLD 817 (SC)], the Apex Court has held as follows:- “8 _. It is not in dispute that matrimonial disputes have been on considerable increase in recent times_ ::7:: ## **Crl.M.C.No.6136 Of 2014** _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._ 9 _. It is not in dispute that in the case on hand 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 wellwishers, 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._ _15. 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 noncompoundable, 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_ ::8:: ## **Crl.M.C.No.6136 Of 2014** _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._ _16. There has been an outburst of matrimonial 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.”_ 8. Considering the facts and circumstances of this case, it is seen further that the impugned criminal proceedings have arisen consequent to the matrimonial disputes between the disputants and the disputes have been settled amicably between the parties. Accordingly, this Court is inclined to hold that in the light of the facts and circumstances involved in the present case and particularly in view of the settlement arrived at between the parties, the principles laid down in the aforementioned decisions of the Apex Court will be squarely applicable in the present case. Moreover, since the real disputants to the controversy have ::9:: ## **Crl.M.C.No.6136 Of 2014** amicably settled the disputes, which led to these impugned criminal proceedings, it is also the duty of the court to promote such settlement, instead of compelling the parties to go on with the dispute. It is also pertinent to note that since the matter is settled out of court, in the event of proceeding with the trial, there may not be any fruitful prosecution and the chances of conviction of the accused is rather negligible and therefore, the net result of continuance of criminal proceedings would be sheer waste of judicial time rather meaningless and therefore would amount to abuse of the process of court proceedings in the larger sense. Hence following decisions of the Apex Court cited supra, this Court is inclined to hold that the Crl.M.C. can be allowed by granting the prayers sought for. In the result, the Crl.M.C is allowed and the impugned Annexure-1 FIR in Crime No.179/2014 of Kundara Police Station and all further proceedings arising therefrom stand quashed. The petitioners shall produce certified copies of this order before the Magistrate Court concerned as well as before the Station House Officer concerned. **ALEXANDER THOMAS, Judge.** bkn/-