IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940 [CASE NUMBER] IN CC NO.311/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS, PARAVOOR CRIME NO.1370/2011 OF Chathannoor Police Station, Kollam PETITIONERS/ACCUSED 1 & 2: 1 SAJITH, AGED 34 YEARS, S/O.SUGUNAN, RESIDING AT PUTHUVAYALIL VEEDU, M.C.PURAM, MEENADU VILLAGE, CHATHANNOOR, KOLLAM. 2 SARASWATHY, AGED 57 YEARS, D/O.SUMATHI, RESIDING AT PUTHUVAYALIL VEEDU, M.C.PURAM, MEENADU VILLAGE, CHATHANOOR, KOLLAM. 3 SANGEETHA, AGED 33 YEARS, D/O.SARASWATHY, RESIDING AT PUTHUVAYALIL VEEDU, M.C.PURAM, MEENADU VILLAGE, CHATHANNOOR, KOLLAM. 4 SREEKUMAR, AGED 40 YEARS, H/O.SANGEETHA, RESIDING AT PUTHUVAYALIL VEEDU, M.C.PURAM, MEENADU VILLAGE, CHATHANNOOR, KOLLAM. BY ADVS. SRI.C.R.JAYAKUMAR SRI.NOBEL RAJU RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, REPRESENTING THE SHO, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT- 691572. 2 JYOTHI VISALAN, AGED 27 YEARS, D/O.KRISHNAVENI, RESIDING AT K.A.V.PUSHPALAYAM, KEDAKULAM DESAM, AYIRUR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN- 695310. P.P - SRI. BREEZ THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 2 ORDER
This petition is filed under [SECTION] of the Code of Criminal Procedure ("the Code" for brevity).
2. The 2nd respondent is the de facto complainant in C.C. No.311 of 2016 on the file of the Judicial First Class Magistrate Court (Temporary), Paravoor. The 1st petitioner is the husband of the de facto complainant and petitioners 2 to 4 are his near relatives. They are being proceeded against for having committed offence punishable under [SECTION], [SECTION], [SECTION]/[SECTION] of the IPC.
3. The prosecution allegation is that the petitioners subjected the 2nd respondent to cruelty and harassment demanding dowry. The instant petition is filed with a prayer to quash the proceedings on the ground of settlement of all disputes.
4. The learned Counsel appearing for the petitioners submitted that at the instance of well wishers and family members, the parties have decided to put an end to their discord and have parted ways. It is urged that the dispute is purely private in nature.
5. The learned counsel for the 2nd respondent, referred to Annexure-A3 order of this Court and submitted that they had approached this Court earlier seeking to quash the proceedings. However, holding that the offences are non-compoundable, the petition was dismissed. Reference is also placed on Annexure-A4 settlement arrived at between the parties and it is submitted that no purpose would be served in continuing with the proceedings.
6. The learned Public Prosecutor after getting instructions has submitted that the statement of the 2 nd respondent has been recorded and she has stated in unequivocal terms that the settlement arrived at is genuine.
7. I have considered the submissions advanced and have perused the materials on record.
8. In [PRECEDENT] and in [PRECEDENT], the Apex Court has laid down that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings. Further in [PRECEDENT] it was observed that it is the duty of the courts to encourage genuine settlements of matrimonial disputes. If the parties ponder over their faults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, the courts should not hesitate to exercise its powers under [SECTION] of the Code. Permitting such proceedings to continue would be nothing, but an abuse of process of court. The interest of justice also require that the proceedings be quashed.
9. Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extraordinary powers under [SECTION] of the Code to quash the proceedings.
In the result, this petition will stand allowed. Annexure-A2 final report and all proceedings pursuant thereto against the petitioners now pending as [CASE NUMBER] on the file of the Judicial First Class Magistrate Court (Temporary), Paravoor, Kollam are quashed.
[ENTITY], JUDGE TRUE COPY P.A TO JUDGE avs APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FIR NO.1370/2011 OF CHATHANOOR POLICE STATION, KOLLAM.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN [CASE NUMBER] ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT (TEMPORARY), PARAVOOR, KOLLAM.
ANNEXURE A3 THE TRUE COPY OF THE JUDGMENT IN [CASE NUMBER] OF HON'BLE HIGH COURT OF KERALA DATED 30.07.2012.
ANNEXURE A4 THE TRUE COPY OF THE SETTLEMENT AGREEMENT EXECUTED BETWEEN THE 1ST PETITIONER AND 2ND RESPONDENT DATED 14.11.2011.
RESPONDENT'S/S EXHIBITS: