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HIGH COURT OF KERALA
SUNIL THOMAS, J
SIDIQUE – Appellant
Versus
ISHABI – Respondent
Crl.MC/818/2015
Matrimonial - IPC Sections - 498A, 406, 420 - The court quashed proceedings in a settled matrimonial dispute under the discretionary power of Section 482 Cr.P.C., upholding the central theme of amicable resolution between parties.
Fact of the Case:
The petitioner, accused in a criminal case regarding matrimonial disputes, sought to quash proceedings under IPC sections 498A, 406, and 420, citing a settlement with the complainant, his wife.
Finding of the Court:
The court recognized the settlement between the parties as genuine and noted the cesation of disputes, exercising discretion under Section 482 Cr.P.C. to quash the proceedings.
Issues: Whether the court should exercise its discretion under Section 482 Cr.P.C. to quash the criminal proceedings based on a mutual settlement between the parties involved in a matrimonial dispute.
Ratio Decidendi: The court held that in matrimonial disputes, the settlement of parties can lead to quashing of proceedings under Section 482 Cr.P.C. if no further grievances exist.
Final Decision: Crl.M.C is allowed and all further proceedings in the case are quashed.
ORDER
Petitioner herein is the sole accused in Crime No.441 of
2010 of Mathilakam Police Station for offences punishable under sections 498A, 406 and 420 of the Indian Penal Code .
2. Petitioner herein married the first respondent on
17.04.2005 and thereafter, they have been living as husband and wife. Subsequently, matrimonial relationship got strained leading to matrimonial disputes. A private complaint was laid by the wife alleging offences punishable under sections 498A, 406 and 420 IPC . Accordingly, crime was registered and the matter is registered as C.C.No.3109 of 2013 of Judicial First Class Magistrate Court, Kodungallur, a copy of which is produced as Annexure-A1.
3. This Crl.M.C is laid on a premise that the parties have thereafter settled their dispute. To substantiate it, learned counsel for the petitioner and the learned counsel for the first respondent relied on Annexure-A2 settlement arrived at between the parties. Learned counsel for the petitioner and the learned counsel for the first respondent submitted that the matter has been settled in terms of Annexure-A2. An affidavit has been filed by the de facto complainant as Annexure-A3 reiterating the settlement.
Crl.M.C.818/15
4. It appears that the case was pending before the lower court. In the absence of the petitioner herein, the case was consigned to the LP register and registered as L.P.No.26 of 2013. Pursuant to the direction of this Court, a report has been submitted by the jurisdictional court stating that, thereafter the accused was arrested on 03.06.2013 and was remanded. The case was refiled as C.C.No.3109 of 2013. Learned magistrate has intimated that the accused has not absconded thereafter.
In the light of above and the submission of the learned Public Prosecutor that the matter has been reported to be settled, I am inclined to invoke the jurisdiction under section 482 Cr.P.C. Essentially, the matter arises from a matrimonial discord. Hence, this Court will be justified in exercising the discretionary jurisdiction under section 482 Cr.P.C. Accordingly, Crl.M.C is allowed and all further proceedings in C.C.No.3109 of 2013 of Judicial First Class Magistrate Court, Kodungallur stand quashed.
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