This is an application filed by the sole accused in CC No. 651/2014 on the file of the Judicial First Class Magistrate Court, Kunnamangalam to quash the proceedings on account of settlement under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the petitioner married the 2nd respondent and on account of some misunderstanding, a complaint filed by the 2nd respondent and Crime No.65/2014 of Kunnamangalam Police Station was registered against the revision petitioner alleging the offence under Section 323, 498A and 406 of Indian Penal Code. After investigation, Annexure-A1 final report was filed. Now on account of the intervention of well-wishers of both the parties, the matter has been settled between them and 2nd respondent filed Annexure-2 affidavit stating these facts. In view of the settlement, there is no possibility of conviction. Since some of the offences are non- compoundable in nature, they could not file an application before the court below. So they have no other remedy except to approach this Court seeking the following relief:
“This Hon'ble Court may be pleased to quash all further proceedings pending against the petitioner in CC No.651 of 2014 on the file of the Court of the Judicial First Class Magistrate, Kunnamangalam and it is accordingly prayed for.”
3. 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-2 affidavit stating these facts. Learned counsel for the petitioner also submitted that the petition may be allowed. Heard the learned Public Prosecutor also.
4. It is an admitted fact that the 1st respondent is the wife of the revision petitioner and on account of some misunderstanding, they started living separately and on the basis of the statement given by the 2nd respondent, Crime No.65/2014 of Kunnamangalam Police Station was registered against the petitioner under Section 323, 498A and 406 of Indian Penal Code and after investigation, Annexure-1 final report was filed and it was taken on file as CC No.651/2014 on the file of Judicial First Class Magistrate Court, Kunnamangalam. Now the matter has been settled between the parties. 2nd respondent filed Annexure- 2 affidavit stating that the matter has been settled and she has no objection in quashing the proceedings. In view of the settlement, there is no possibility of conviction as the defacto complainant or her witnesses are likely to support the case also.
5. Further in Gian Singh V. State of Punjab [2012(4) KLT 108 (SC)], hon’ble Supreme Court has held that in the case of matrimonial dispute, if any crime has been registered and the matter has been settled between the parties, then Court must show endeavour to promote settlement and even if non- compoundable offences have been incorporated, that can be quashed by invoking Section 482 of Code of Criminal Procedure.
6. Since it is a matrimonial dispute and the matter has been settled between the parties and on account of the settlement, there is no possibility of conviction, proceeding the case will be only wastage 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 the settlement between the members of the both families.
So the application is allowed and further proceedings in CC 651/2014 (Crime No.65/2014 of Kunnamangalam Police Station) of Judicial First Class Magistrate Court, Kunnamangalam as against the petitioner is quashed.
Office is directed to communicate this order to the concerned Court immediately.
Sd/-
K. RAMAKRISHNAN, JV JUDGE