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Judgments of Supreme Court of India and High Courts

Sreeji vs State Of Kerala on 19 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA,
1941

Crl.MC.No.6448 OF 2019(E)

AGAINST THE ORDER/JUDGMENT IN CC 1031/2017 OF ADDITIONAL
CHIEF JUDICIAL MAGISTRATE ,TRIVANDRUM

CRIME NO.1031/2017 OF Petta Police Station ,
Thiruvananthapuram

PETITIONER/S:

1 SREEJI, AGED 35 YEARS,
S/O.MADHUSOODANAN NAIR, SRAVANYA,
NEAR OLD VISHNU THEATRE, KUNNATHUKAL
PANCHAYATH, KUNNATHUKAL VILLAGE,
NEYYATTINKARA THALUK,
THIRUVANANTHAPURAM DISTRICT.

2 MADHUSOODANAN NAIR, AGED 70 YEARS
S/O.RAMAKRISHNAN NAIR, SRAVANYA,
NEAR OLD VISHNU THEATRE, KUNNATHUKAL
PANCHAYATH, KUNNATHUKAL VILLAGE,
NEYYATTINKARA THALUK,
THIRUVANANTHAPURAM DISTRICT.

3 VASANTHAKUMARI, AGED 67 YEARS
D/O.JANAKI AMMA, SRAVANYA, NEAR OLD VISHNU
THEATRE, KUNNATHUKAL PANCHAYATH, KUNNATHUKAL
VILLAGE, NEYYATTINKARA THALUK,
THIRUVANANTHAPURAM DISTRICT.

4 SREERANJ, AGED 38 YEARS,
S/O.MADHUSOODANAN NAIR, SRAVANYA,
NEAR OLD VISHNU THEATRE, KUNNATHUKAL
PANCHAYATH, KUNNATHUKAL VILLAGE,
NEYYATTINKARA THALUK,
THIRUVANANTHAPURAM DISTRICT.

BY ADVS.
SRI.G.SUDHEER
SRI.R.HARIKRISHNAN (H-308)
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Crl.M.C.Nos.6448/2019 4565/2018

RESPONDENT/S:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOHCI-31.

2 SREETHU S.P., AGED 30 YEARS
D/O.PRASANNAKUMARI, SIVAM, TC 9/2359,
HOUSE NO.39, SREERANGAM LANE, SASTHAMANGALAM,
THIRUVANANTHAPURAM DISTRICT.

R2 BY ADV. S.K.VINOD

OTHER PRESENT:

SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1,
SRI.S.K.VINOD FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 19.09.2019, ALONG WITH Crl.MC.4565/2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.Nos.6448/2019 4565/2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA,
1941

Crl.MC.No.4565 OF 2018

AGAINST THE ORDER/JUDGMENT IN CC 900/2017 OF CHIEF
JUDICIAL MAGISTRATE ,TRIVANDRUM/SPECIAL COURT FOR TRIAL
OF CYBER CRIME

PETITIONER/S:

1 SURESH.V, AGED 58 YEARS,
S/O.VASUDEVAN,’SIVAM’,TC 9/2359,
B-39, SREERANGAM LANE, SASTHAMANGALAM.P.O,
THIRUVANANTHAPURAM-695010.

2 PRASANNA KUMARI, AGED 53 YEARS,
W/O SURESH.V, ‘SIVAM’, TC 9/2359,
B-39,SREERANGAM LANE, SASTHAMANGALAM.P.O,
THIRUVANANTHAPURAM-695010.

3 SREETHU.S.P, AGED 29 YEARS,
D/O.PRASANNA KUMARI,’SIVAM’,TC 9/2359,
B-39, SREERANGAD LANE, SASTHAMANGALAM .P.O,
THIRUVANANTHAPURAM-695010.

BY ADVS.
SRI.SAJITH KUMAR V.
SMT.ARYA RAGHUNATH
SRI.N.S.DAYA SINDHU SHREE HARI
SMT.S.PARVATHI (P-960)

RESPONDENT/S:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
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Crl.M.C.Nos.6448/2019 4565/2018

2 SREEJI.M.V, AGED 34 YEARS,
S/O.P.R.MADHUSOODHANAN NAIR,
‘SHRAVANYA’, KUNNATHUKAL,
KARAKONAM.P.O,THIRUVANANTHAPURAM-695504.

R1-2 BY ADV. SRI.T.I.UNNIRAJA
R1 BY ADV. SRI.R.S.VISRUTH

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 19.09.2019, ALONG WITH Crl.MC.6448/2019(E), THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.Nos.6448/2019 4565/2018

ALEXANDER THOMAS, J.
—————————–
Crl.M.C.Nos.6448/2019 4565/2018
———————————
Dated this the 19th day of September, 2019.

ORDER

The 4 petitioners in Crl.M.C.No.6448/2019 have been arrayed

as accused Nos.1 to 4 respectively among the 4 accused in the

impugned Anx-A FIR in Crime No.401/2016 of Pettah Police Station,

Thiruvananthapuram District, which has been registered for offences

punishable under Sec.498A 34 of the SectionI.P.C., on the basis of the

complaint/FIS given by the lady de facto complainant. The Police

after investigation filed the impugned Anx-B Final Report in the

abovesaid Crime, which has now led to the pendency of

C.C.No.1031/2017 on the file of the Additional Chief Judicial

Magistrate Court, Thiruvananthapuram. The 2 nd respondent herein

is the wife of the 1 st petitioner (accused No.1). The petitioners 2 to 4

(A-2 to A-4) are the father, mother and brother respectively of the 1 st

petitioner (A-1). The prosecution case in short is that after the

marriage of the abovesaid spouses, the petitioners in

Crl.M.C.No.6448/2019 have harassed and inflicted cruelty on the 2 nd

respondent and thereby they have committed the abovesaid offences.

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Crl.M.C.Nos.6448/2019 4565/2018

2. The 3 petitioners in Crl.M.C.No.4565/2018 are the

accused Nos.1 to 3 respectively among the 3 accused in

C.C.No.900/2017 on the file of the Chief Judicial Magistrate’s Court,

Thiruvananthapuram. The 3rd petitioner in Crl.M.C.No.4565/2018

(A-3) is the wife of the 2nd respondent in that Crl.M.C. The 1st and 2nd

respondents in Crl.M.C.No.4565/2018 (A-1 A-2) are the father and

mother respectively of the 3 rd petitioner (A-3). The offences

alleged in C.C.No.900/2019 is that the 3 rd petitioner (A-3) along with

the aid and help of the 1 st 2nd petitioners in

Crl.M.C.No.4565/2018 (A-1 A-2) had caused miscarriage of

pregnancy of the 3rd petitioner (A-3) without the knowledge and

consent of the 2nd respondent therein (husband of the 3rd petitioner).

3. Now, it is submitted by the learned Advocates appearing

for the petitioners in these cases, learned Prosecutor as well as the

contesting respondents in these cases that the disputes primarily

arose on account of the marital disputes between the spouses and the

parties have now resolved their disputes and have decided to take

steps to dissolve the marital relationship by filing appropriate

application before the competent court below concerned to secure a

decree of dissolution on the basis of consent and further that

respective impugned criminal proceedings could be quashed on the
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Crl.M.C.Nos.6448/2019 4565/2018

ground of settlement between the parties. Anx-C affidavit dated

8.4.2019 has been filed by the 2 nd respondent in

Crl.M.C.No.6448/2019 about the factum of the abovesaid settlement.

4. Sri.T.I.Unniraja, learned counsel appearing for the 2 nd

respondent (husband) in Crl.M.C.No.4565/2018 submits that his

party has no objection for quashment of the impugned criminal

proceedings relating to C.C.No.900/2017 on the file of the Chief

Judicial Magistrate’s Court, Thiruvananthapuram, which is

challenged in Crl.M.C.No.4565/2018 as the matter has been settled

between the parties.

5. The learned Prosecutor also does not have any serious

objection for quashment of the impugned criminal proceedings on

the ground of settlement as the disputes have primarily arose out of

marital disputes between the spouses.

6. 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
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Crl.M.C.Nos.6448/2019 4565/2018

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 affidavits 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.

7. It is also relevant to note in this context that the Apex

Court in the case in SectionZ v. State of Bihar, reported in (2018) 11 SCC

572 AIR 2017 SC 3908, has held that in a case involving

miscarriage of a woman, who has completed the age of majority,

the consent of the guardian/husband need not be overemphasised,

etc.

8. Accordingly, it is ordered in the interest of justice in

Crl.M.C.No.6448/2019 that C.C.No.1031/2017 on the file of the

Additional Chief Judicial Magistrate Court, Thiruvananthapuram,
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Crl.M.C.Nos.6448/2019 4565/2018

which in turn has arisen from Crime No.401/2016 of Pettah Police

Station and all further proceedings arising therefrom pending

against the accused persons will stand quashed. It is further

ordered in Crl.M.C.No.4565/2018 that C.C.No.900/2017 on the file

of the Chief Judicial Magistrate Court, Thiruvananthapuram and

all further proceedings arising therefrom pending against the

accused persons will stand quashed.

The petitioners will produce certified copies of this order

before the Investigating Officer concerned as well as the court

below concerned. The Office of the Advocate General will also

forward a certified copy of this order to the Investigating Officer

concerned.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

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Crl.M.C.Nos.6448/2019 4565/2018

APPENDIX OF Crl.MC 6448/2019
PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FIR FIS IN CRIME
NO.401/2016 OF PETTAH POLICE STATION,
THIRUVANANTHAPURAM DATED 04.04.2016.

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.401/16 PREPARED BY THE SUB
INSPECTOR OF POLICE, PETTAH POLICE
STATION, THIRUVANANTHAPURAM BEFORE THE
ADDITIONAL CJM, THIRUVANANTHAPURAM.

ANNEXURE C AFFIDAVIT SWORN BY THE 2ND RESPONDENT
SIGNED BEFORE THE NOTARY PUBLIC DATED
08.04.2019.

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Crl.M.C.Nos.6448/2019 4565/2018

APPENDIX OF Crl.MC 4565/2018
PETITIONER’S/S EXHIBITS:

ANNEXURE A A TRUE COPY OF THE ORDER DATED
01.11.2017 IN CMP NO.303/2016 BY THE
CHIEF JUDICIAL MAGISTRATE
COURT,THIRUVANANTHAPURAM

ANNEXURE B A TRUE COPY OF THE PLEADINGS IN

OP(HMA)NO.1738/2015 DATED 21/10/2015
BEFORE FAMILY COURT,THIRUVANANTHAPURAM

ANNEXURE C A TRUE COPY OF THE PLEADINGS IN
O.P.NO.2155/2015 DATED 31/12/2015
FILED BEFORE THE HON’BLE FAMILY
COURT,THIRUVANANTHAPURAM

ANNEXURE D A TRUE COPY OF THE CMP 303/2016 DATED
28/01/2016 FILED BEFORE THE HON’BLE
CHIEF JUDICIAL MAGISTRATE
COURT,THIRUVANANTHAPURAM

ANNEXURE E THE CERTIFIED COPY OF THE REFER
REPORT.

ANNEXURE F A CERTIFIED COPY OF THE AFFIDAVIT
FILED BY THE DEFACTO-COMPLAINANT

ANNEXURE G A CERTIFIED COPY OF THE APPLICATION
DATED 01/03/2017 FILED BY THE COUNSEL
FOR THE DE-FACTO COMPLAINANT.

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