This is an application filed by the petitioners who are accused in C.C No.1337/2013 on the file of Additional Chief Judicial Magistrate Court, Thalassery to quash the proceedings on the basis of settlement u/s 482 of Code of Criminal Procedure. 2. It is alleged in the petition that petitioners are arrayed as accused numbers 1 to 2 in C.C No.1337/2013 on the file of Additional Chief Judicial Magistrate Court, Thalassery. It was registered on the basis of a private complaint filed by the de facto complainant which was forwarded to the police for investigation by the learned Magistrate u/s 156(3) of the Code of Criminal Procedure and on the basis of the same, originally, a crime was registered as Crime No.555/2013 of Panoor Police Station u/s 498(A) of the Indian Penal Code and after investigation, Annexure A2 final report was filed and that was taken on file as C.C No.1337/2013 on the file of Additional Chief Judicial Magistrate, Thalassery. Now, the matter has been settled between the parties due to intervention of mediators. Since the offence alleged is non-compoundable in nature, they could not file an application before the court concerned to compound the case. So they have no other remedy except to approach this court seeking the following relief:
i) Quash Annexure - 2 Final Report in C.C No.1337/2013 of additional Chief Judicial Magistrate Court, Thalassery and all further proceedings pursuant there to against the petitioners herein and all further proceedings initiated pursuant thereto.
ii) Such other reliefs sought for during pendency of this proceedings.
3. Second respondent appeared through counsel and submitted that the matter has been settled between the parties and on the basis of the settlement they have decided to separate and to withdraw all the cases. In view of the settlement she had filed Annexure A3 affidavit stating these facts.
4. Counsel for petitioners also submitted that in view of the settlement, conviction will not be possible and so he prayed for allowing the application.
5. The application was opposed by the Public Prosecutor.
6. It is an admitted fact that on the basis of a private complaint filed by the second respondent as de facto complainant, who is the wife of first petitioner, before the Additional Chief Judicial Magistrate Court, Thalassery alleging offence u/s 498(A) r/w Section 34 of Indian Penal Code against the petitioners which was forwarded to the police for investigation, by the learned Magistrate, u/s 156(3) of Code of Criminal Procedure, Annexure A1 First Information Report was registered as Crime No.555/2013 of Panoor Police Station against the petitioners alleging commission of the above said offence. After investigation Annexure A2 final report was filed and it was taken on file as C.C No.1337/2013 and it is pending before the Additional Chief Judicial Magistrate Court, Thalassery. Now, the matter has been settled between the parties due to the intervention of mediators and family members. On account of the settlement, they decided to separate and withdraw the criminal proceedings as well. In view of the settlement, there is no possibility of conviction as neither the de facto complainant nor the witnesses will support the prosecution. Further, since it is a family dispute which has been settled due to the intervention of well wishers and the family members of both parties, pendency of the same could not be a hurdle for happy life as well.
7. In the decision reported in Gian Singh v State of Punjab (2012(4) KLT 108(SC), the Hon'ble Supreme Court has held that in the case of matrimonial dispute involving offence u/s 498(A) if the matter has been settled between family members due to the intervention of mediators, then, the court must give effect to such settlement and invoking the power u/s Section 482 of the Code of Criminal Procedure the criminal prosecution has to be quashed.
8. In view of the dictum laid down in the above decision and also considering the fact that it is a family dispute which resulted in registration of the crime and the matter has been settled between the parties and they have decided to separate and withdraw the prosecution and no possibility of conviction in such cases, this court feels that power u/s 482 of the Code of Criminal Procedure can be invoked to quash the proceedings to promote family settlement and harmony that has been caused due to the settlement among the family members.
So the petition is allowed and further proceedings in C.C No.1337/2013 (Crime No. 555/2013 of Panoor Police Station) pending before the Additional Chief Judicial Magistrate Court, Thalassery as against the petitioners is quashed.
Office is directed to communicate this order to the court concerned immediately for necessary further action in the matter.
K.RAMAKRISHNAN, JUDGE vdv