Kerala High Court
Prabhath vs State Of Kerala on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
CRL.MC NO. 4230 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 675/2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS , KODUNGALLUR, THRISSUR
CRIME NO.172/2019 OF VALAPPAD POLICE STATION, THRISSUR DISTRICT
PETITIONER/ACCUSED:
PRABHATH
AGED 42 YEARS
S/O.BHASKARAN, PURATHALAVEETTIL, AVINISSERY BOAT JETTY
DESOM,AVINISSERY VILLAGE, THRISSUR-680317.
BY ADVS.
C.A.CHACKO
C.M.CHARISMA
ALEKH THOMAS
RESPONDENTS/COMPLAINANT & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM-682031.
2 LINCY
AGED 40 YEARS
D/O.ASHOKAN, THOTTARATH HOUSE, PALAPPETTY DESOM,
EDAMUTTOM..O, THRISSUR-680568.
BY ADV P.SINDHU
OTHER PRESENT:
PP .C.SEENA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4230 of 2021
2
ORDER
This Crl.M.C. has been filed seeking to quash further
proceedings in C.C.No.675/2019 on the file of the Judicial First
Class Magistrate Court, Kodungallur, which arose out of crime
No.172/2019 of Valappad Police Station, which is registered for
the offence punishable u/s. 498A.
2. Petitioner is the husband of the 2 nd respondent -
defacto complainant. He is the sole accused in the above crime.
3. It is alleged that the petitioner married the defacto
complainant on 26.05.2008 at Guruvayur Temple as per the
religious rites and ceremonies and thereafter they were living
together in the house of the petitioner and also of the house of
the defacto complainant. While so, she had been subjected to
physical and mental torture. He also alleged to have
misappropriated 53 sovereigns of gold ornaments which were
given to her at the time of marriage, thereby accused committed
the offence aforementioned.
4. It is submitted by the learned counsel for the petitioner
that, now the parties have settled the entire matrimonial issues
out of court. Annexure A3 is the affidavit sworn in by the 2 nd
Crl.M.C.No.4230 of 2021
respondent - defacto complainant.
5. Adv. Smt. P. Sindhu appeared on behalf of the 2 nd
respondent - defacto complainant. It is submitted that the entire
issues between the petitioner and 2 nd respondent have been
amicably settled.
6. The learned Public Prosecutor also would submit that
the signed statement of the defacto complainant has been taken
and she would fully supports the averments in Annexure-A3
affidavit.
7. 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.
8. Since the parties have already settled the matter
amicably, there is no purpose in continuing the proceedings. In
the affidavit duly sworn in by the defacto complainant she would
Crl.M.C.No.4230 of 2021
specifically state that the matrimonial issues have been amicably
settled between the petitioner and herself. It is also stated that
crime happened to be registered due to some differences of
opinion between them and presently she has no objection in
quashing the proceedings against the petitioner. Since the
matrimonial issues between the parties have been amicably
settled, there is no purpose in continuing the proceedings
against the petitioner. No public interest is involved and the
issue is purely private in nature. So there is no impediment in
quashing the proceedings against the petitioner and further
continuance of the proceedings against the petitioner 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 pursuant to
crime No.172/2019 of Valappad Police Station, which is now
pending as C.C.No.675/2019 on the file of the Judicial First Class
Magistrate Court, Kodungallur. It is ordered accordingly.
In the result, Crl.M.C. stands allowed.
Sd/-
M.R.ANITHA
JUDGE
shg
Crl.M.C.No.4230 of 2021
APPENDIX OF CRL.MC 4230/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF FIR IN CRIME NO.172/2019 OF
VALAPPAD POLICE STATION ALONG WITH FIS DATED
1/4/2019
Annexure A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO.172/19 OF
VALAPPAD POLICE STATION
Annexure A3 AFFIDAVIT DATED 3/9/2021 OF 2ND RESPONDENT.
