Accused in CC No.1615/2014 on the file of Judicial First Class Magistrate, Chavakkad has filed this application for quashing the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner married the 2nd respondent - defacto complainant and on account of some misunderstanding, she filed a complaint on the basis of which Annexure-A First Information Report was registered as Crime No.790/2014 in Guruvayoor Police Station alleged offence under Section 406 and 498A of Indian Penal Code and after investigation, Annexure-B final report was filed and it was taken on file as CC No.1615/2014 on the file of the Judicial First Class Magistrate Court, Chavakkad. Now the matter has been settled between the parties and the 2nd respondent filed Annexure-C affidavit stating that she has no objection in quashing the proceedings. Since the offence alleged is non-compoundable nature, they could not file the application before the court below. So the petitioner has no other remedy except to approach this Court seeking the following relief:
“1. Quash Annexure -B Final report and the entire proceedings against thepetitioner pending as CC No.1615/2014 of the Learned Judicial First Class Magistrate Court, Chavakkad arising from Crime No.790/2014 of the Guruvayur Police Station.
2. Grant such other relief deemed fit to this Hon'ble Court.”
3. Public Prosecutor opposed the application. The 2nd respondent appeared through counsel and submitted that the matter has been settled and she has no objection in quashing the proceedings and she filed Annexure-C affidavit stating these facts. Counsel for the petitioner also prayed for allowing the application.
4. It is an admitted fact that the petitioner married the 2nd respondent and they were living together as husband and wife and thereafter, misunderstanding arouse between them and on the basis of statement given by the 2nd respondent, Annexure A – First Information Report was registered as Crime No.790/2014 of Guruvayoor Police Station alleging offence under Section 406 and 498A of Indian Penal Code and after investigation, Annexure-B final report was filed and it was taken on file as CC 1615/2014 on the file of the Judicial First Class Magistrate Court, Chavakkad. Now the matter has been settled between the parties and the 2nd respondent has filed Annexure-C affidavit stating these facts and also expressed her willingness to quash the proceedings also in view of the settlement. Since the matter has been settled between the parties, there is no possibility of conviction. Further it is a matrimonial dispute also.
8. In the decision reported in Gian Singh V. State of Punjab [2012(4) KLT 108 (SC)] , the Hon'ble Supreme Court has held in the cases where family issues are involved and if the matter has been settled between the parties due to the intervention of mediators and they wanted to withdraw the prosecution, then Court has to give effort to that settlement and invoking the power under Section 482 of Code of Criminal Procedure, it has to quash the proceedings in order to promote the family settlement and harmony in the family of both parties.
9. Considering the fact that it is a matrimonial dispute and the crime has been registered on account of the matrimonial dispute and the matter has been settled between the parties and on account of the settlement, there is no possibility of conviction and proceeding with the case will be only waste of judicial time, this Court feels that it is a fit case where the power under Section 482 of Code of Criminal Procedure can be invoked to quash the proceedings to promote settlement between two families.
So the application is allowed and further proceedings in CC No.1615/2014 (Crime No.790/2014 of Guruvayoor Police Station) pending before Judicial First Class Magistrate Court, Chavakkad as against the petitioner is quashed.
Office is directed to communicate this order to the concerned Court immediately.
Sd/-
K. RAMAKRISHNAN, JV JUDGE