Kerala High Court
Pramin Das vs Anuja Gloris on 29 August, 2019
Author: T.V.Anilkumar
Bench: T.V.Anilkumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941
Crl.MC.No.4665 OF 2019(C)
AGAINST THE ORDER IN CC 621/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II,ATTINGAL
CRIME NO.349/2016 OF KAZHAKKUTTOM POLICE STATION ,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED 1 & 2:
1 PRAMIN DAS,
AGED 30 YEARS,
S/O. LATE CHRISTU DAS, RESIDING AT CL COTTAGE,
NEAR LNCPE, NEELI AMMAN TEMPLE,
KIZHAKKUMBHAGAM, KAZHAKUTTAM,
THIRUVANANTHAPURAM - 695 582
2 LILLY,
AGED 50 YEARS,
D/O. RAJAMMA, RESIDING AT CL COTTAGE, NEAR
LNCPE, NEELI AMMAN TEMPLE, KIZHAKKUMBHAGAM,
KAZHAKUTTAM, THIRUVANANTHAPURAM - 695 582
BY ADV. SRI.THIRUMALA P.K.MANI
RESPONDENTS/DEFACTO COMPLAINANT (CW1) AND STATE:
1 ANUJA GLORIS,
AGED 28 YEARS,D/O. SASIDHARAN, T.C. 18/1431(6),
DAS NAGAR, MELEKUNNUVILA, ARAMADA P. O.,
THIRUMALA VILLAGE, THIRUVANANTHAPURAM NOW
RESIDING AT SL NIVAS, PLANKALAVILA,
PATHANAVILA, CHURCH ROAD, ARUMANOOR,
POOVAR P.O., THIRUPURAM,
THIRUVANANTHAPURAM-695525
2 STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM - 682 031.
R1 BY ADV. NAVEEN RADHAKRISHNAN
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
29.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4665 of 2019
-: 2 :-
T.V.ANILKUMAR,J.
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Crl.M.C.No.4665 of 2019
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Dated this the 29th day of August, 2019
O R D E R
Petitioners seek to quash Annexure-A1 final report in C.C. No.621 of 2018 before the Judicial First Class Magistrate Court-II, Attingal taken on file under Section 498A read with Section 34 IPC, alleging that the matter was settled between them and the de facto complaint and no purpose would be served, if the proceedings are carried in the court below.
2. Petitioners are son and mother. The 1st petitioner, who is the 1st accused in the court below married the 1st respondent, the de facto complainant. The allegation raised by the 1st respondent is that, while she was residing with the 1st petitioner, his mother the 2 nd petitioner used to harass her joining each other, demanding dowry and harassing her in many other ways also.
3. Both the petitioners now submit that the matrimonial disputes with the 1st respondent were Crl.M.C.No.4665 of 2019 -: 3 :- settled and the spouses filed a joint petition for dissolution of marriage as O.P.1458 of 2019 under Section 10A of the Divorce Act,1869 and the same is pending before the Family Court, Thiruvananthapuram. In support of the submission that the matter was settled between parties, the 1 st respondent submitted an affidavit of her before this Court, sworn as on 21.06.2019. The affidavit is Annexure-A4. The joint petition filed before the Family Court, Thiruvananthapuram for dissolution of marriage by mutual consent is Annexure-A3.
4. I heard the learned Public Prosecutor, the learned counsel for the petitioners and also the learned counsel for the 1st respondent.
5. From the affidavit sworn before this court, I am satisfied that the parties amicably settled the matrimonial issues pending between them and what remains to be secured is a decree for dissolution by mutual consent. Despite Section 498A IPC not being a compoundable offence under law also, nothing precludes a court exercising Crl.M.C.No.4665 of 2019 -: 4 :- jurisdiction under Section 482 of the Cr.P.C. to quash the present criminal proceeding against petitioners on the premise of amicable settlement of matrimonial disputes arrived between the parties. I am satisfied that the continuance of the criminal proceeding will only lead to denial of justice to parties, since there is no likelihood of the prosecution of offence under Section 498A read with Section 34 IPC ending in conviction. Therefore, there is sufficient justification in allowing the proceedings in C.C. No.621 of 2018 before the Judicial First Class Magistrate Court- II, Attingal against the petitioners to be quashed.
In the result, criminal proceedings in C.C. No.621 of 2018 before the Judicial First Class Magistrate Court-II, Attingal are quashed and this Crl.M.C. is allowed accordingly.
Sd/-
T.V.ANILKUMAR,JUDGE DST //True copy/ Crl.M.C.No.4665 of 2019 -: 5 :- e copy// APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET IN CC NO.621/2018 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, ATTINGAL ANNEXURE A2 CERTIFIED COPY OF FIR NO.349/2016 OF KAZHAKUTTAM POLICE STATION ANNEXURE A3 TRUE PHOTOCOPY OF THE JOINT PETITION FOR DIVORCE IN OP NO.1458 OF 2019 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM ANNEXURE A4 THE ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT RESPONDENTS' EXHIBITS :NIL //True copy// P.A.To Judge