This is an application filed by accused in C.C.No.839/2011 pending before the Judicial First Class Magistrate Court, No-II, Kottarakkara 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 first petitioner is the husband of the third respondent and petitioners 2 to 4 are his relatives. The marriage between the first petitioner and the third respondent was solemnized on 21.01.2007 and thereafter, they were living together as husband and wife. After sometime, difference of opinion arose between them and they started living separately. On the basis of the complaint given by the de facto complainant, namely third respondent, Annexure I First Information Report was registered as Crime No.517/2011 against the petitioners alleging offences under Section 498A read with Section 34 of Indian Penal Code and after investigation, Annexure II Final Report was filed and it was taken on file as C.C.No.839/2011 and pending before Judicial First Class Magistrate Court, No-II, Kottarakkara. There were number of petitions as O.P.Nos.91/11, 92/11 and M.C.No.32/11 before the Family Court, Nedumangad between the same parties and due to the intervention of mediators and well wishers of both family members, all the matters have been settled and they have decided to separate and also decided to withdraw all the cases and prosecutions initiated. On account of the settlement, there is no possibility of conviction and since the offence alleged are non compoundable in nature, they could not move the lower court for compounding the case. So, the petitioners have no other remedy except to approach this court seeking the following relief:
“To call for the records relating to C.C.No.839 of 2011 of JFMC-II, Kottarakkara arising from Crime No.517/2011 of the Kadakkal Police Station and quash the same as the parties have settled and compounded the case.”
3. Third respondent appeared through Counsel and submitted that the matter has been settled between the parties and due to the intervention of mediators, the first respondent pronounced talaq and she had received all the claims which she is entitled to get from him and all the matters pending between them were withdrawn. She does not want to prosecute the petitioners. She had filed Annexure A4 affidavit stating these facts.
4. The Counsel for the petitioners submitted that in view of the settlement, there is no possibility of conviction and so he also prayed for allowing the applications.
5. The application was opposed by the Public Prosecutor on the ground that it is not a fit case to be quashed invoking Section 482 of Code of Criminal procedure.
6. It is an admitted fact that first petitioner married the third respondent in the year 2007 and they were living together as husband and wife for sometime and children were born to them in that wedlock. After sometime, love lost between them which resulted in separation and filing of complaint which resulted in registration of Annexure I Crime and also other litigations before the Family Court. After investigation, final report was filed and it is now pending before Judicial First Class Magistrate Court, No-II, Kottarakkara as C.C.No.839/2011. Now, the matter has been settled between the parties. They have decided to separate and the settlement was arrived at due to the intervention of well wishers of both the parties and their family members and on the basis of the settlement, first respondent pronounced talaq and the marriage between them has been dissolved. She had received all the matrimonial claims which she is entitled to get on account of divorce from the first petitioner. She had withdrawn the other cases pending before the Family Court as well. So, in view of the settlement, there is no possibility of conviction and proceeding with the case will only amount to wastage of judicial time as neither the de facto complainant nor her witnesses will support the case of the prosecution.
7. Further, 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 family disputes, if the parties have settled their issues due to the intervention of well wishers and family members and does not want to proceed with the criminal prosecution initiated, then that must be honoured and the prosecution has to be quashed invoking the power under Section 482 of the Code of Criminal Procedure.
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 crime and filing of final report which ultimately settled between the parties and on account of the settlement, the possibility of conviction will be remote, 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 and harmony that has been resulted in the family of both the petitioners and the third respondent and the pendency of this case should not be a hurdle for the same.
So, the petition is allowed and further proceedings in C.C.No.839/2011 (Crime No.517/2011 of Kadakkal Police Station) pending before Judicial First Class Magistrate Court, No-II, Kottarakkara as against the petitioners is quashed.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge