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John Jose vs State Of Kerala on 25 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2019 / 3RD ASWINA, 1941

Crl.MC.No.712 OF 2018

AGAINST THE ORDER/JUDGMENT IN CC 1580/2016 OF JUDICIAL MAGISTRATE
OF FIRST CLASS – IX, ERNAKULAM (TEMPORARY)

CRIME NO.688/2016 OF Palarivattom Police Station , Ernakulam

PETITIONERS/ACCUSED 1 2:

1 JOHN JOSE
AGED 32 YEARS, S/O.JOSEPH, POLAKKAD HOUSE,NEAR
CENTURY CLUB, VENNALA, EDAPPALLY SOUTH,PALARIVATTOM
CITY, NOW RESIDING AT 35/2601-D1,PALLATH ROAD,
THAMMANAM -682 032.

2 ELISIA
AGED 61 YEARS, W/O.JOSEPH, POLAKKAD HOUSE,NEAR
CENTURY CLUB, VENNALA, EDAPPALLY SOUTH,PALARIVATTOM
CITY, NOW RESIDING AT 35/2601-D1,PALLATH ROAD,
THAMMANAM -682 032.

BY ADV. SRI.M.R.NANDAKUMAR

RESPONDENT/STATE DEFACTO COMPLAINANTS:

1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM – 682 031.

2 SIMI JOHN D/O. T.J.KURIAN
THARAMEL HOUSE, NEAR L P S PADIVATTOM,EDAPPALLY SOUTH
VILLAGE, KANAYANNUR TALUK,PALARIVATTOM – 682 032.

R1-2 BY ADV. SRI.S.SUDHISH KUMAR

OTHER PRESENT:

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.712 OF 2018 2

ALEXANDER THOMAS, J.
—————————————–
Crl.M.C. No. 712 of 2018
—————————————–
Dated this the 25th day of September, 2019

ORDER

The petitioners herein have been arrayed as the two accused in the

impugned Annexure-A Crime No. 688/2016 of Palarivattom Police Station,

Ernakulam district which has been registered for the offences punishable

under Secs.498A and 34 of the SectionIPC pursuant to the directions issued by the

learned Magistrate in the private criminal complaint filed by the 2 nd

respondent/lady defacto complainant. The 2 nd respondent is the wife of the

1st petitioner (A1). The 2nd petitioner (A2) is the mother of the 1 st petitioner

(A1).

2. The prosecution case in short is that after the marriage of the

abovesaid spouses, the petitioners have consistently treated the lady

defacto complainant with cruelty and harassment and that they have

demanded more dowry, they have misappropriated the gold ornaments etc.

and thereby they have committed the abovesaid offences.

3. The Police after investigation has later filed Annexure-B final

report/charge sheet in Crime No.688/2016 of Palarivattom Police Station,

Ernakulam which has now led to the pendency of CC No.1580/2016 before

the Judicial First Class Magistrate Court, Kunnumpuram. Now, the learned
Crl.MC.No.712 OF 2018 3

Advocates appearing for the petitioners and the learned Advocate

appearing for the 2nd respondent submits that the parties have fully

resolved the disputes and the 2nd respondent has no objection for

quashment of impugned criminal proceedings by out of court settlement.

The 2nd respondent has already filed the affidavit dated 22.04.2019 stating

about the factum of settlement and that she has no objection for

quashment of the impugned criminal proceedings. It is also pointed out by

both sides that pursuant to the mediation settlement agreement entered

into between the parties, the spouses have already secured the decree of

divorce from the Family court concerned under Sec.10A of the Indian

Divorce Act. The parties have also made available the copy of the mediation

settlement agreement dated 25.04.2019 entered into between the parties.

Para.2 of the abovesaid mediation agreement dated 25.04.2019 entered

into between the parties reads as follows :

“The second petitioner agrees to relinquish all her right of maintenance as
wife and divorced wife. The petitioners have agreed to settled all the cases
pending against each other. The first petitioner has filed a petition to
withdraw OP No. 1232/2016 filed under Guardians and Ward Act before the
Hon’ble Family Court Ernakulam. The second petitioner already withdrawn
M.C. 381/2017 filed for maintenance and OP No.1537/16 along with IA for
attachment filed for return of money and gold ornaments and OP 1538/2016
filed for divorce and also prayed that this Hon’ble Court may be pleased to
quash the final charge in CC No.1580/2016 pending before JFMC-IX,
Ernakulam, in view of settlement.”

4. This would clearly provides that steps to be taken by both the

sides to ensure for quashment of impugned criminal proceedings in CC
Crl.MC.No.712 OF 2018 4

No.1580/2016 now pending on the file of the Judicial First Class

Magistrate – IX, Ernakulam. It is pointed out by both sides that CC

No.1580/2016 was initially pending before the Judicial First Class

Magistrate, Kunnumpuram and now the case has been transferred to the

Judicial First Class Magistrate Court-IX, Ernakulam.

5. In a catena of decisions, the Apex Court has held that, in

appropriate cases involving even non-compoundable offences, the High

Court can quash prosecution by exercise of the powers under Sec.482 of

the SectionCr.P.C., if the parties have really settled the whole dispute or if the

continuance of the prosecution will not serve any purpose. Here, this

Court finds a real case of settlement between the parties and it is also found

that continuance of the prosecution in such a situation will not serve any

purpose other than wasting the precious time of the court, when the case

ultimately comes before the court. On a perusal of the petition and on a

close scrutiny of the investigation materials on record and the affidavit of

settlement and taking into account the attendant facts and circumstances

of this case, this Court is of the considered opinion that the legal principles

laid down by the Apex Court in the cases as in SectionGian Singh v. State of

Punjab reported in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and

SectionNarinder Singh and others v. State of Punjab and anr. reported

in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be

applied in this case to consider the prayer for quashment.
Crl.MC.No.712 OF 2018 5

6. Accordingly, it is ordered in the interest of justice that the

impugned Anx-B Final Report/Charge sheet in C.C. No.1580/2016 on the

files of the Judicial First Class Magistrate Court-IX, Ernakulam, and all

further proceedings arising therefrom pending against accused will stand

quashed. The petitioners will produce certified copies of this order to the

Investigating Officer concerned and the competent court below concerned.

Office of Advocate General will forward copy of this order to the

Investigating Officer concerned, for necessary information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

SKS
Crl.MC.No.712 OF 2018 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FIR NO.688/2016 DATED
06.05.2016 PALARIVATTOM POLICE STATION,
ERNAKULAM

ANNEXURE B TRUE COPY OF THE FINAL REPORT NO. 688/2016
DATED 06.05.2016 PALARIVATTOM POLICE
STATION, ERNAKULAM.

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