Continuation of prosecution when parties have settled disputes constitutes an abuse of the process of law.

“C.R.”

ORDER

The petitioner, the accused in FIR No.865 of 2011 of Angamaly Police Station, seeks to quash all further proceedings pursuant to the registration of the crime.

2. The petitioner is alleged to have committed an offence punishable under Section 498-A r/w Section 34 of the Indian Penal Code .

3. Heard both sides.

4. The petitioner was the husband of respondent No.4. A child was born in their wedlock. While they were living together, a difference of opinion arose in 2011. Respondent No.4 filed a complaint against the petitioner and others, which formed the basis of registration of the crime by the Angamaly Police on 9.6.2011. There were other matrimonial cases pending between the petitioner and respondent No.4. They settled the entire dispute in the presence of mediators. They filed a joint petition as O.P.No.283/2014 seeking divorce before the Family Court, Ernakulam. Their marriage was dissolved as per Annexure-3 judgment dated 19.8.2014.

5. Based on the agreement entered into between the parties, payments were made by the petitioner to respondent No.4 and his child towards maintenance and other expenses. All other litigations were closed based on the settlement arrived at between the parties.

6. Respondent No.4 filed a petition before the Station House Officer, Angamaly, requesting to close the matter in view of the settlement. However, it was informed that, as per Annexure-6, the CD file was forwarded to the Superintendent of Police, Karwar, Karnataka, as the place of occurrence is within the territorial limits of Mundgod Police Station, Karnataka.

7. The crime was registered based on a complaint filed by respondent No.4 in June, 2011. Respondent No.1 registered FIR on 9.6.2011. The parties arrived at a settlement and thereby resolved their entire disputes, which is evident from Annexures-1 to 5. The marriage between the petitioner and respondent No.4 was dissolved by a decree of divorce in O.P.No.283 of 2014 on 19.8.2014. Respondent No.4 thereafter filed an application before respondent No.1 requesting to close the entire proceedings. The petitioner and respondent No.4 had no information regarding the further proceedings in the FIR registered against the petitioner and others. When the petitioner approached the Regional Passport Officer, Cochin, for the issuance of a passport, as per Annexure-8, he was informed that he was the accused in FIR.No.865/2011 of Angamaly Police Station.

8. The learned Public Prosecutor submitted that no final report has so far been submitted against the petitioner in Crime No.865/2011 of Angamaly Police Station.

9. Speedy investigations and trial are mandated by the letter and spirit of the provisions of the Code and the constitutional protection enshrined in Article 21 of the Constitution.

10. The Honourable Apex Court had observed that Article 21 confers a fundamental right on every person not to be deprived of his life or liberty except according to procedure established by law; that such procedure is not some semblance of a procedure, but the procedure should be 'reasonable, fair and just'; and therefrom flows, without doubt, the right to speedy trial. It was also observed that no procedure which does not ensure a reasonably quick trial can be regarded as 'reasonable, fair or just' and it would fall foul of . The Apex Court clarified that speedy trial means reasonably expeditious trial which is an integral and essential part of the fundamental right to life and liberty enshrined in (See Maneka Gandhi v. Union of India and Another [(1978) 1 SCC 248], Hussainara Khatoon and Others v. Home Secretary,