Syam vs Suraja
2021 Latest Caselaw 20490 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MRS. JUSTICE M.R.ANITHA

           FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943

                             CRL.MC NO. 3739 OF 2021

 AGAINST THE ORDER/JUDGMENT IN CC 2140/2020 OF JUDICIAL MAGISTRATE OF FIRST

                         CLASS -II, CHERTHALA, ALAPPUZHA

PETITIONERS/ACCUSED:

     1      SYAM
            AGED 35 YEARS
            S/O. VIJAYAN, PRABHAKARAVILASAM, PALLIYARAKKAVU, AROOR, P. O.,
            AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA, PIN - 688 538.
     2      VIJAYAN
            AGED 69 YEARS
            S/O. PRABHAKARAN PILLAI, PRABHAKARAVILASAM, PALLIYARAKKAVU,
            AROOR P. O., AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA, PIN -
            688 538.
     3      RADHAMANIAMMA
            AGED 66 YEARS
            W/O. VIJAYAN, PRABHAKARAVILASAM, PALLIYARAKKAVU, AROOR, P. O.,
            AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA, PIN - 688 538.
            BY ADV C.K.SAJEEV


RESPONDENTS/CW-1 (DE-FACTO COMPLAINANT) & STATE:

     1      SURAJA
            AGED 29 YEARS
            D/O. K.K. SURENDRAN,KANNOTHUKULANGARA HOUSE,
            KULAYATTIKKARA P. O., WARD NO.11, AMBALLOOR PANCHAYATH,
            ERNAKULAM DISTRICT, PIN - 682 315.
     2      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM - 682 031.
            R1 BY ADV M.V.BAIJU


OTHER PRESENT:

            PP.C.SEENA


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.10.2021,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3739 of 2021
                                    2

                               ORDER

The petitioners are accused Nos.1 to 3 in C.C.No.2140/2020

on the file of the Judicial First Class Magistrate Court-II,

Cherthala (Crime No.1023/2020 of Aroor Police Station,

Alappuzha, which is registered for the offence punishable under

Section 498-A r/w. 34 IPC). This Crl.M.C. has been filed seeking

to quash the entire proceedings against the petitioners in the

said case.

2. First petitioner is the husband of the 1st respondent -

defacto complainant. Their marriage was solemnized on

15.11.2017. It is alleged that while they were residing together

in the house of the petitioners, she had been subjected to various

acts of cruelties at the instance of the petitioners, thereby a

complaint was filed by the 1st respondent. Petitioners have

produced copy of FIR as Annexure-A and copy of Final Report as

Annexure-B. Both the spouses filed O.P.(H.M.A.)No.656/2020

before the Family Court, Alappuzha for a decree of divorce by

mutual consent and the same was allowed by Annexure - C

judgment. Annexure - D is the copy of the affidavit duly sworn in

by the 1st respondent - defacto complainant stating that now the Crl.M.C.No.3739 of 2021

entire disputes between the petitioners and herself have been

settled and that she has no objection for quashment of the

criminal proceedings pending against the petitioners.

3. Sri.Baiju M.V., learned counsel appearing for the

1st respondent - defacto complainant submitted about the

compromise arrived at between the parties.

4. Learned Public Prosecutor submitted that the

statement of the defacto complainant has been taken and she

agreed with the averments in Annexure-D affidavit.

5. In Gian Singh v. State of Punjab and Another

(2012 (10) SCC 303 : 2012 KHC 4530) a three Judge Bench

of the Hon'ble Supreme Court while dealing with Section 482 of

the Code of Criminal Procedure, 1973 has held that criminal

cases having civil flavour and arising from criminal financial

merchantile, civil, partnership, matrimony relating to dowry or

family disputes where wrong is private or personal in nature can

be quashed in view of the settlement between the parties.

6. Annexure-D affidavit would specifically state that the

defacto complainant has no further grievance and has no

objection in quashing the entire proceedings in Annexure-B Final Crl.M.C.No.3739 of 2021

Report. Since the parties have already settled the matter

amicably, there is no purpose in continuing the proceedings. No

public interest is involved and the issue is purely private in

nature. So there is no impediment in quashing the proceedings

against the petitioners and further continuance of the

proceedings against the petitioners also will be an abuse of

process of law. Therefore, I am of the view that it is only just and

proper to quash the entire proceedings in Annexure-B Final

Report, which is now pending as C.C.No.2140/2020 on the file of

the Judicial First Class Magistrate Court-II, Cherthala.

Crl.M.C. stands allowed.

Sd/-

                                                        M.R.ANITHA

shg                                                       JUDGE
 Crl.M.C.No.3739 of 2021



                          APPENDIX OF CRL.MC 3739/2021

PETITIONERS ANNEXURE
ANNEXURE A                CERTIFIED COPY OF THE FIR IN CRIME NO.1023/2020 OF
                          THE AROOR POLICE STATION.
ANNEXURE B                CERTIFIED COPY OF THE FINAL REPORT IN

C.C.NO.2140/2020 OF AROOR POLICE STATION.

ANNEXURE C TRUE COPY OF THE JUDGMENT DATED 06.01.2021 IN O.P.

(H.M.A.) 656/2020 OF THE FAMILY COURT, ALAPPUZHA. ANNEXURE D TRUE COPY OF THE AFFIDAVIT SWORN BY 1ST RESPONDENT