Crl.M.C.No.2143 of 2025 - 1 - 2025:KER:27819 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 CRL.MC NO. 2143 OF 2025 CRIME NO.932/2023 OF PANANGAD POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED IN CC NO.846 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM PETITIONERS/ACCUSED NOS.1 TO 3: 1 RAGESH P.R AGED 35 YEARS S/O RAJU K.M, PUTHIYEDATH HOUSE, NEAR BUND ROAD, UDAYATHUMVATHIL, KUMBALAM, PANANGAD, ERNAKULAM, PIN - 682506 2 RAJU K.M AGED 64 YEARS S/O MADHAVAN, PUTHIYEDATH HOUSE, NEAR BUND ROAD, UDAYATHUMVATHIL, KUMBALAM, PANANGAD, ERNAKULAM, PIN - 682506 3 LEELA C.P AGED 59 YEARS W/O RAJU K.M, PUTHIYEDATH HOUSE, NEAR BUND ROAD, UDAYATHUMVATHIL, KUMBALAM, PANANGAD, ERNAKULAM, PIN - 682506 BY ADVS. ABHIRAM T.K. AYNOSH MICHAEL P.S Crl.M.C.No.2143 of 2025 - 2 - 2025:KER:27819 RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 AISWARYA P.D AGED 29 YEARS D/O DHEEPAN, PONNETH HOUSE, VENNALA EDAPPILLY, ERNAKULAM, PIN - 682028 BY ADVS. SHYLAJA VARGHESE K.R.SAJITH C.N. PRABHAKARAN, SENIOR PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.2143 of 2025 - 3 - 2025:KER:27819 O R D E R B.S.Joshi and Others v. State of Haryana and another [(2003) 4 SCC 675] held that the offence under Section 498-A can be quashed by the High Court exercising its inherent power under Section 482 Cr.P.C (now Section 528 of B.N.S.S, 2023), though such offence is not compoundable under Section 320. Relying on State of Karnataka v. L. Muniswamy [(1977) 2 SCC 699], a two Judges Bench in B.S.Joshi (supra) held that ends of justice are higher than ends of mere law, though justice has got to be administered according to laws made by legislature. The fact that there is no reasonable likelihood of conviction, in the wake of settlement between the parties, was taken stock of. The following findings in B.S.Joshi (supra) are relevant and extracted here below: “What would happen to the trial of the case where the wife does not support the imputations made in the FIR of the type in question. As earlier noticed, now she has filed an affidavit that the FIR was registered at her instance due to temperamental differences and implied imputations. There may be many reasons for not supporting the imputations. It may be either for the Crl.M.C.No.2143 of 2025 - 4 - 2025:KER:27819 reason that she has resolved disputes with her husband and his other family members and as a result thereof she has again started living with her husband, with whom she earlier had differences or she has willingly parted company and is living happily on her own or has married someone else on the earlier marriage having been dissolved by divorce on consent of parties or fails to support the prosecution on some other similar grounds. In such eventuality, there would almost be no chance of conviction. Would it then be proper to decline to exercise power of quashing on the ground that it would be permitting the parties to compound non-compoundable offences? The answer clearly has to be in the "negative". It would, however, be a different matter if the High Court on facts declines the prayer for quashing for any valid reasons including lack of bonafides.” 2. The dictum laid down in B.S.Joshi (supra) was doubted along with that laid down in other cases and referred to and considered by a three Judges Bench of the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another [(2012) 10 SCC 303]. B.S.Joshi (supra), along with other cases, were confirmed by the Supreme Court. It is relevant to note that the subject matter in Crl.M.C.No.2143 of 2025 - 5 - 2025:KER:27819 B.S.Joshi (supra) was specifically with reference to the offences under Sections 498-A and 406 of the Indian Penal Code. 3. In the facts at hand, petitioners are accused nos.1 to 3 in Crime No.932/2023 of Panangad Police Station, Ernakulam, now pending as C.C.No.846/2023 before the Judicial First Class Magistrate Court-VIII, Ernakulam. As per the Final Report, the offences alleged are under Sections 498-A and 34 of the Indian Penal Code. The petitioners seek quashment of entire proceedings in the above Calendar Case, on the strength of the settlement arrived at by and between the parties. 4. Heard the learned counsel for the petitioners; learned counsel for the 2nd respondent/defacto complainant and the learned Senior Public Prosecutor. Perused the records. 5. When this Crl.M.C was moved, this Court directed to record the statement of the defacto complainant. The said direction was complied and the statement of the defacto complainant was handed Crl.M.C.No.2143 of 2025 - 6 - 2025:KER:27819 over. On perusal of the same, it is clear that the issues between the petitioners and the defacto complainant have been settled in mediation and that she is disinterested to proceed further with the prosecution case. That apart, it is noticed that along with this Crl.M.C, an affidavit has been sworn to by the defacto complainant (2nd respondent herein) as Annexure-A4, wherein she would unequivocally state that the disputes have been settled in mediation and that the 1st petitioner and the defacto complainant have jointly filed a petition for divorce before the Family Court, Ernakulam. The defacto complainant would also swear that all the claims between the parties have been amicably resolved in mediation and that she has no objection in quashing the criminal proceedings against the petitioners. The defacto complainant would also swear that the affidavit is sworn to on her volition, without any compulsion, whatsoever. Moreover, learned counsel for the 2nd respondent would submit that the relief sought for herein be allowed, in view of the settlement between the parties. This Court is therefore convinced that the settlement arrived at is genuine and bonafide. Crl.M.C.No.2143 of 2025 - 7 - 2025:KER:27819 6. In the light of the above referred facts, this Court is of the opinion that the necessary parameters, as culled out in B.S.Joshi (supra) and Gian Singh (supra), are fully satisfied. This court is convinced that further proceedings against the petitioners will be a futile exercise, inasmuch as the disputes have already been settled. There is little possibility of any conviction in the crime. Dehors the settlement arrived at by and between the parties, if they are compelled to face the criminal proceedings, the same, in the estimation of this Court, will amount to abuse of process of Court. The quashment sought for would secure the ends of justice. 7. In the circumstances, this Crl.M.C. is allowed. Annexure-A3 Final report, and all further proceedings in C.C.No.846/2023 of the Judicial First Class Magistrate Court-VIII, Ernakulam, are hereby quashed. Sd/- C.JAYACHANDRAN, JUDGE ww Crl.M.C.No.2143 of 2025 - 8 - 2025:KER:27819 APPENDIX OF CRL.MC 2143/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION STATEMENT GIVEN BY AISWARYA P D DATED 11/06/2023 IN CRIME NO. 932/2023 AT PANANGAD POLICE STATION, ERNAKULAM. ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 11/06/2023 IN CRIME NO. 932/2023 AT PANANGAD POLICE STATION, ERNAKULAM. ANNEXURE A3 TRUE COPY OF THE FINAL REPORT IN CC NO. 846/2023 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM. ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT DATED 07.02.2025 SWORN BY THE SECOND RESPONDENT