This is an application filed by the petitioner who is the sole accused in C.C. No. 459/2014 on the file of the Judicial First Class Magistrate Court - I, Kasaragod to quash the proceedings on the basis of settlement under Section 482 of Code of Criminal Procedure. 2. It is alleged in the petition that petitioner is the sole accused in C.C. No. 459/2014 pending before Judicial First Class Magistrate Court - I, Kasaragod, which was originated on the basis of Crime No. 506/2013 of Manjeswar Police Station of Kasaragod District alleging offences under Section 341 and 506 (i) of Indian Penal Code on the basis of the statement given by the first respondent de-facto complainant who is the former wife of the petitioner. Now, the matter has been now settled between the parties due to the intervention of mediators and Annexure-A3 affidavit has been filed by the de-facto complainant. In view of the settlement, no purpose will be served by proceeding with the case. They have no other remedy except to approach this Court seeking the following relief.
“This Hon'ble Court may be pleased to quash Annexure A-2 Final Report and all further proceedings in CC no. 459/2014 of Judicial First Class Magistrate Court - I, Kasaragod (Crime No. 506/2013 of Manjeswar Police Station, Kasaragod) as against the petitioner/accused in this petition, in the interest of justice.”
3. The first respondent appeared through the counsel and submitted that the matter has been settled due to the intervention of mediators and other issues between them were also settled. She does not want to prosecute the petitioner any longer who is her former husband in view of the settlement. She had also filed an affidavit stating these facts.
4. The learned counsel for the petitioner also submitted that in view of the settlement, no purpose will be served in prosecuting the case further.
5. The learned Public Prosecutor on instructions as directed by this Court submitted that there is no other case against the petitioner, but it is a compoundable offence.
6. It is an admitted fact that the petitioner is the former husband of the first respondent and there were some disputes between them which resulted in the second respondent filing a private complaint before the Judicial First Class Magistrate Court - I, Kasaragod which was forwarded to the Police for investigation under Section 156 (3) of Code of Criminal Procedure on the basis of which Annexure-A1 First Information Report was registered as Crime No. 506/2013 of Manjeswar Police Station alleging offences under Section 341, 506 (i) of Indian Penal Code.
7. It is also an admitted fact that after investigation, final report was filed and it was taken on file as C.C. No. 459/2014 and it is pending before Judicial First Class Magistrate Court - I, Kasaragod. In the meantime, the matter has been settled between the parties and Annexure-A4 agreement was entered into between the petitioner and the first respondent in respect of all disputes between them and this settlement was arrived at due to the intervention of family members and well-wishers of both parties. On that basis, they have decided to withdraw this prosecution also and as part of the settlement, she filed Annexure-A3 affidavit also before this Court stating these facts. It is true that the offence alleged are compoundable in nature and they need not come to this Court for this purpose. Having considered the fact that they have already filed this application, this Court feels that they need not be revert back to Court below for filing the application for compounding again. Considering the fact that it is a family dispute, it has been resolved on account of the settlement, no purpose will be served by proceeding the case as neither the de-facto complainant nor her witnesses will support the case of the prosecution and conviction in such cases will be remote.
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 invoke the power under Section 482 of Code of Criminal Procedure and quash the proceedings in order to promote the family settlement and harmony in the family of both parties.
9. In view of the dictum laid down in the above decision and also considering the fact that it is a family dispute and it has been settled between the parties on account of the intervention of mediators, well-wishers and family members and there is no possibility of conviction on account of the settlement and allowing the case to proceed will only amount to wastage of judicial time, this Court feels that it is a fit case where the power under Section 482 of Code of Criminal procedure has to be invoked to quash the proceedings in order to promote the settlement that has been arrived at on account of the invervention of family members.
So the application is allowed and further proceedings in C.C. No. 459/2014 on the file (Crime No. 506/2013 of Manjeswar Police Station) pending before Judicial First Class Magistrate Court - I, Kasaragod as against the petitioner is quashed.
Office is directed to communicate this order to the concerned Court immediately.
SD/-
(K. RAMAKRISHNAN, JUDGE) JV