Judgment · High Court

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031. SABITHA O.S., AGED 32 YEARS, D/O. SHIVAN, PUTHIYEDATH HOUSE, MATTOOR P.O., KALADY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683 574. SRI. VIPIN NARAYAN, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

23.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 11107 OF 2023 -2- ORDER Dated this the 23rd day of January, 2024 This Crl.M.C., under Section 482 of Cr.P.C., is filed by the sole accused in Crime No.110 of 2023 of Kalady Police Station, Ernakulam, registered under Section 498A of IPC, for quashing Annexure A1, final report in C.C.No.244 of 2023 on the file of Judicial First Class Magistrate Court-IV, Perumbavoor.

The prosecution allegation is that, even from early days of marriage, the 2nd respondent/ defacto complainant was manhandled by the petitioner/husband, as they have no children in their wedlock and he demanded more dowry from her, after the marriage.

When the matter is taken up for consideration, learned counsel for the petitioner submitted that the matter stands settled between themselves and the 2nd respondent-defacto complainant. The defacto complainant entered appearance through counsel, and CRL.MC NO. 11107 OF 2023 -3- submitted that the matter is settled, and Annexure A4 is the affidavit filed by her, endorsing the settlement. She has no intention to proceed with the prosecution. She has no objection in quashing the proceedings pending against the petitioners pursuant to Crime No.110 of 2023 of Kalady Police Station, Ernakulam.

On instructions, learned Public Prosecutor submitted that the matter is settled, and produced her signed statement to the effect that she is not intending to proceed with the prosecution, and she has no objection in quashing Annexure A1, final report in C.C.No.244 of 2023.

Since the matter stands settled, no purpose would be served by continuing the prosecution against the petitioners.

In the light of the principles laid down by the Apex Court in Gian Singh v. State of Punjab and Another; [(2012) 10 SCC 303)], and State of Madhya Pradesh v. Laxmi Narayan and Others; [(2019) 5 SCC 688], this Court is of the view that the proceedings CRL.MC NO. 11107 OF 2023 -4- against the petitioners can be quashed on the basis of settlement. Moreover, the dispute is purely personal in nature, and no public interest is involved in it. In the result, this Crl.M.C. is allowed and C.C.No.244 of 2023 on the file of Judicial First Class Magistrate Court-IV, Perumbavoor stands quashed. Sd/- SOPHY THOMAS JUDGE CRL.MC NO. 11107 OF 2023 -5- APPENDIX OF CRL.MC 11107/2023 PETITIONER ANNEXURES: ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT PURSUANT TO THE CASE PENDING BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT - IV, PERUMBAVOOR VIDE C.C NO. 244 OF 2023. ANNEXURE A2 THE CERTIFIED COPY OF THE MEDIATION AGREEMENT IN M.C NO. 11 OF 2023. ANNEXURE A3 THE CERTIFIED COPY OF THE ORDER OF DISMISSAL IN M.C NO. 11 OF 2023. ANNEXURE A4 ORIGINAL OF THE AFFIDAVIT BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.