Research › Search › Judgment

Kerala High Court · body

2024 DIGILAW 1513 (KER)

Mubarak @ Vijayan, S/o. Karuppan v. State Of Kerala

2024-11-19

A.BADHARUDEEN

body2024
ORDER : This Crl.M.C. has been filed under Section 482 of the Code of Criminal Procedure and the prayer is as under; to quash Annexure A Final Report and all further proceedings in C.P.No.43/20188 on the files of the Judicial First Class Magistrate Court, Ponnani, arising out of Crime No.3/2017 of Ponnani Police Station, and to allow the above Crl.M.C. 2. The petitioner herein is the sole accused in the above case. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the records. 4. In this matter, prosecution alleges commission of offences punishable under Sections 498A and 306 of the Indian Penal Code (IPC for short hereinafter) by the petitioner. The prosecution case is that the accused herein, who married the victim on 28.11.2004, subjected her to continuous persecution by demanding more dowry and gold ornaments, thereby she was physically and mentally tortured. While so, he telephoned from abroad that when the accused would return during the month of January, 2017, the victim should not be at the house and she must leave there. Consequent to this telephone call, on 02.01.2017, she committed suicide. This is the base on which the prosecution alleges commission of the above offences. 5. In this matter, the learned counsel for the petitioner sought quashment of this case, relying on affidavit filed by one Anfa Sherin, who is the daughter of the accused and the victim, supporting settlement of this matter. 6. The learned Public Prosecutor strongly opposed quashment of the proceedings on the ground that the settlement of very serious offence under Section 306 of Indian Penal Code is not legally permissible. 7. Now the question emerges is; whether offence under Section 306 of Indian Penal Code is liable to be quashed on the ground of settlement? Section 306 of Indian Penal Code provides that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Thus offence under Section 306 of Indian Penal Code is a very serious offence for which punishment provided is extendable upto ten years and also fine. Indubitably, offence under Section 306 of Indian Penal Code is very serious crime against society. Thus offence under Section 306 of Indian Penal Code is a very serious offence for which punishment provided is extendable upto ten years and also fine. Indubitably, offence under Section 306 of Indian Penal Code is very serious crime against society. Such a crime is not subject matter of settlement where the victim reached eternity and the offence surmounts the world at large. Therefore, settlement of the instance case could not be considered for any reason as the same is not permissible under law. 8. Going by the prosecution records, the allegations against the petitioner are very serious for which trial is necessary, since the allegations are made out prima facie from the prosecution records. 9. In such view of the matter, quashment of this crime on the ground of settlement would necessary fail. 10. Accordingly, this petition is dismissed. Hence, the interim order granted by this Court shall stand vacated. 11. The Committing Court is directed to expedite the committal to expedite the trial at any rate within a period of one month from the date of receipt of this order. On committal, the sessions court is directed to expedite the trial and finish the same within a period of six months without fail. Registry is directed to forward a copy of this order to the Committal Court for information and compliance forthwith.