Settlement between parties in domestic disputes can lead to quashing of criminal proceedings under Section 482 of the Cr.P.C.

O R D E R

The prayer in the aforecaptioned Criminal Miscellaneous case filed under Sec. 482 of the Cr.P.C. is as follows :

“.....to quash Annexure-A1 final report in SC No. 233/2018 on the file of Principal Sessions Court, Thiruvananthapuram and all further proceedings which arose from Crime No. 192/2017 of Aruvikkara Police Station, Thiruvananthapuram District.”

2. Heard Sri.K.Rajesh Kannan, learned counsel appearing for the petitioners/accused persons 1 to 3, Sri.B.Jayasurya, learned Public Prosecutor appearing for R1-State of Kerala and Sri.A.S.Shammy Raj, learned counsel appearing for contesting respondent No.2 (lady defacto complainant).

3. The petitioners herein have been arrayed as accused Nos. 1 to 3 among the three accused in the instant impugned Crime No.192/2017 of Aruvikkara Police Station, Thiruvananthapuram which has been initially registered on 9.3.2017 pursuant to the petition filed by the 2nd respondent, which was forwarded to the Police by the Kerala State Human Rights Commission.

4. Initially, the abovesaid crime was registered for the offences punishable under Secs. 323, 506(i), 294(b), 376 and 34 of the IPC and Secs.3 (1)(xi) and (xv) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989. It is now pressed to this Court that though there is a specific averment in the said petition which was filed by the 2nd respondent which was treated as the FIS that the marriage between the 2nd respondent and the 1st petitioner herein (A1) was conducted in the temple etc., the offence as per Sec.376 of the IPC was also registered. Later, the police after investigation found that since the 2nd respondent is the wife of the 1st petitioner, the offence under Sec.376 of the IPC will not lie and had deleted the said offence, but included new offences. Accordingly, the police after investigation has filed Annexure-A1 final report/charge sheet in the said Crime No.192/2017 of Aruvikkara Police Station, whereby the offences alleged in the said final report/charge sheet are those punishable under Secs. 498A, 323, 506(i), 294(b) and 34 of the IPC and Secs. 3(1)(r)(s) and (z) of the SC/ST (POA) Act, 1989.

5. As noted hereinabove, the 1st petitioner herein (A1) is the husband of the 2nd respondent. 2nd and 3rd petitioners herein (A2 and A3) are the mother and sister respectively of the 1st petitioner. The allegation is that the petitioners herein had harassed and treated the 2nd respondent with cruelty and demanded more dowry and gold etc. and that they have committed the abovesaid offences.

6. As can be seen from Annexure-A2 bail order dated 20.7.2017 rendered by the Sessions Court, Thiruvananthapuram granting bail to the abovesaid accused persons in the said case, the settlement has been arrived at between the 1st petitioner and the 2nd respondent, in which they decided to live together and all the disputes were settled and all the accused persons in this case has thus been granted bail. Annexure-A3 is the mediation settlement arrived at between the parties on 7.7.2017, which reads as follows :

“Plaintiffs /appellants/petitioners : Ajikumar and others Defendants/respondents/counter petitioners : State of Kerala &

Asha S.

(Defacto complainant)

The parties above named beg to submit as follows :

1. The aforesaid suit/appeal/petition/complaint were referred to mediation for solving the dispute between the parties. In the course of mediation they have resolved their disputes and have agreed to the following terms and conditions. (i) Parties are agreed to settle their disputes and decided to reside jointly in rented house.

(ii) 1st petitioner agreed that he will not commit any act of domestic violence against the defacto complainant further as per the terms of this compromise.

(iii) Defacto complainant agreed that she will make necessary application/petitions to withdraw the prosecution case initiated against the petitioners in Aruvikkara Police Station and the CI office Nedumangad on the basis of this compromise.

(iv) Since th