This Crl.M.C is filed by the petitioners, who are the accused in C.C.No.2228/2011 on the file of the Judicial First Class Magistrate Court-I, Thrissur, to quash the proceedings under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioners are accused 1 to 4 in C.C.No.2228/2011 on the file of the Judicial First Class Magistrate Court-I, Thrissur, which was originated on the basis of registration of Annexure-1 First Information Report as Crime No.496/2011 of Cherpu police station, Thrissur on the basis of a statement given by the defacto complainant namely the second respondent herein and after investigation, Annexure-2 final report has been filed and the learned Magistrate has taken cognizance of the case as C.C.No.2228/2011against the petitioners alleging offences under Section 498 A and 354 read with Section 34 of the Indian Penal Code and it is pending before the Judicial First Class Magistrate Court-I, Thrissur. Since the petitioners did not appear, warrant has been issued against them. The allegations are not sufficient to attract the offences as well. So the petitioners have no other remedy except to approach this Court seeking the following relief:
For these grounds and the grounds that would be urged at the time of hearing, it is most respectfully prayed that this Hon'ble Court may be pleased to quash Annexure II charge sheet in C.C.No.2228/2011 of Judicial First Class Magistrate Court-I, Thrissur in the interest of justice.
3. The second respondent appeared through counsel.
Though, earlier the matter was settled, they could not file application before the Magistrate court as offences alleged are non compoundable in nature and the entire terms of the settlement were not accomplished. Now the second respondent has filed an affidavit before this Court along with Crl.M.A.No.4921/2014 and the affidavit has been accepted. The counsel also submitted that he has no objection in allowing the petition in view of the settlement.
4. Heard both sides.
5. It is an admitted fact that on the basis of the statement given by the defacto complainant - the second respondent, who is the former wife of the first accused alleging offences under Sections 498 A and 354 read with 34 of the Indian Penal Code the Cherpu police has registered Annexure-1 as Crime No.496/2011 of Cherpu police station against the petitioners and after investigation Annexure 2 final report was filed and the case was taken on file as C.C.No.2228/2011 and it is pending before the Judicial First Class Magistrate Court-I, Thrissur. Since some of the petitioners were working abroad, they could not appear before the court below and non bailable warrants were issued against them. Further, though the matter was settled between the parties, the entire terms of the settlement could not be accomplished and since it is a non compoundable offence, they cannot move the court below also to terminate the proceedings. Now the matter has been settled between the parties and the second respondent has filed an affidavit to that effect stating that the matter has been settled and she does not want to proceed against the petitioners. Settlement is arrived due to intervention of mediators and relatives and they have decided to separate as well.
6. In the decision reported in Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)] it has been specifically held that in the case of family dispute, where the matter has been settled between the parties due to intervention of mediators, the power under Section 482 of the Code can be invoked to quash the proceedings to promote the settlement.
7. In view of the dictum laid down in the above decision and also considering the fact that in view of the settlement, there is no possibility of conviction as neither the defacto complainant nor her witnesses will support the case of the prosecution and on account of the settlement, harmony has been restored between two family members and they are decided to separate and lead separate life in future, this Court feels that the power under Section 482 of the Code can be invoked to quash the proceedings.
7. So the application is allowed and further proceedings in C.C.No.2228/201 on the file of the Judicial First Class Magistrate Court-I, Thrissur as against the petitioners is hereby quashed.
Office is directed to communicate this order to the concerned court immediately for further necessary action.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge