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2024 Supreme(Online)(KER) 7682

HIGH COURT OF KERALA
P. G. Ajithkumar, J
RAJENDRAN PILLAI – Appellant
Versus
STATE OF KERALA – Respondent
Crl.Rev.Pet 1376/2010



Advocates:
ADV SRI.S.RAJEEV, ADV B.MOHANLAL, ADV.SEENA C. -PUBLIC PROSECUTOR

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, even in post-conviction scenarios.

Headnote:

Criminal Revision - Section 498(A) IPC - Settlement Between Parties

Fact of the Case:

The petitioner was convicted and sentenced for an offence punishable under Section 498(A) of the Indian Penal Code, 1860 by the trial court and the appellate court. The matrimonial discord between the petitioner and the 2nd respondent led to the criminal proceedings.

Finding of the Court:

The court found that the dispute between the petitioner and the 2nd respondent was finally settled, and the 2nd respondent has no further grievance in the matter. The court held 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.

Issues: Whether the criminal revision petition filed by the petitioner can be allowed in view of the settlement between the parties?

Ratio Decidendi: The court relied on the judgments in Gian Singh v. State of Punjab, Narinder Singh v. State of Punjab, and Yogendra Yadav v. State of Jharkhand, which held 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. The court also relied on its own judgment in Soban v. State of Kerala, which held that a post-conviction settlement can also be reckoned with to terminate proceedings in deserving cases.

Final Decision: The criminal revision petition is allowed, and the judgment of conviction and sentence is set aside. The petitioner is acquitted of the offence under Section 498(A) of the IPC and is set at liberty.

ORDER

This is a revision against conviction and sentence of the petitioner for an offence punishable under Section 498 (A) of the Indian Penal Code, 1860 . The trial court and the appellate court concurrently held him guilty.

2.Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2nd respondent.

3.The matrimonial discord between the petitioner and the 2nd respondent snowballed into matrimonial cruelty and separation of their nuptial relationship. Their were litigations including for the dissolution of marriage. It is seen that the disputes between them were referred for mediation by this Court. The matter was settled. In terms of the settlement agreement dated 06.01.2012, the petitioner and the 2nd respondent resolved to effect divorce and to settle all the pending disputes.

4.The 2nd respondent has now filed an affidavit dated 19.04.2024. It is averred that the dispute between herself and the petitioner was finally settled, and she has no further grievance in this matter also. Having heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 2nd respondent, I find that the agreement was entered into by the parties voluntarily.

5.In Gian Singh v. State of Punjab and Another [(2012) 10 SCC 303], the Apex Court has held 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. This view was reiterated in Narinder Singh and Others v. State of Punjab and Another [(2014) 6 SCC 466] and Yogendra Yadav and Others v. State of Jharkhand and Another [(2014) 9 SCC 653]. This Court in Soban v. State of Kerala [2021 (3) KHC 383] held that a post conviction settlement can also be reckoned with to terminate proceedings in deserving cases.

6.The settlement entered into between the petitioner and the 2nd respondent can be acted upon for, the offence involved in one punishable under Section 498 (A) of the IPC .

Accordingly, this criminal revision petition is allowed.

recording the settlement between the petitioner and the 2nd respondent, the judgment of conviction and sentence is set aside. the petitioner is acquitted of the offence under section 498(a) of the ipc. he is set at liberty.

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