LAILA BEEVI Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner herein was charge sheeted as the 2nd accused in Crime No.283 of 2014 of Thekkumbhagam Police Station, Kollam District. The offences alleged against the petitioner and other accused were punishable under sections 120B, 109, 465, 467 and 471 r/w. section 34 of the Indian Penal Code. The de facto complainant and the first accused are husband and wife. Other accused are close relatives of the first accused. The 3rd respondent herein is the de facto complainant and the said crime was registered based on the information given by her based on a matrimonial dispute. Charge sheet was submitted by the Sub Inspector, Thekkumbhagam Police Station on 30.09.2015 alleging the above mentioned offences against 6 accused mentioned in the final report including the petitioner. Accordingly, the learned Judicial First Class Magistrate, Chavara took cognizance of the offences against the six accused as C.C.No.2902/2015 and the trial was conducted. The prosecution case is that the accused with the intention to transfer the property over which the 3rd respondent and her children have right of enjoyment, criminally conspired together and the first accused under the instigation of the 2nd to 6th accused, forged a title deed transferring his 12 cents of property in Sy.No.376 of Vadakkumthala Village in favour of the 2nd accused. Thereby the accused have committed the offences. The trial was conducted and accused Nos.1 and 3 to 6 in the above crime was acquitted as per judgment in C.C.No.2902/2015 dated 29.04.2017 of JFCM Court, Chavara. Since the petitioner/ accused No.2 was abroad, he could not appear before the learned Magistrate due to reasons beyond her control and at present, the case against the petitioner alone is split up and the same is pending as C.C.No.479/2017 on the files of JFCM Court, Chavara. The entire disputes between the 3rd respondent and the petitioner as well as all other accused are amicably settled. Since the matter is settled, the 3rd respondent does not wish to continue any further proceedings against the petitioner. The disputes involved in the case are purely personal in nature and arose out of matrimonial disputes between the 3rd respondent and the first accused. As per the terms of agreement, the 3rd respondent/ de facto complainant and the first accused have decided to live together peacefully and they are living together. So, the 3rd respondent has no grievances against the petitioner as the entire disputes between the accused and the 3rd respondent are settled.

(2.) When the matter was taken up for hearing, the learned counsel for the petitioner has submitted that the matter has been settled. In fact this case was posted to ascertain about the antecedents of the petitioner and also about the genuineness of the alleged settlement. The learned Public Prosecutor has submitted that there is no bad antecedents against the petitioner and the matter has been genuinely settled between the parties. The 3rd respondent has filed Annexure-A3 affidavit wherein it was stated that the entire matter has been settled and in fact the disputes involved in the case are purely personal in nature and arose out of the matrimonial disputes between the 3rd respondent and the first accused. The petitioner has produced Annexure-A2 judgment in C.C.No.2902/2015 wherein the 3rd respondent, who has examined as PW1, has deposed before the JFCM Court, Chavara that she was not in good terms with her husband. So, she filed a case before the Family Court. During that time, she got a misapprehension that the first accused transferred his property in the name of his sister. So, she filed a complaint before the court. She did not know whether the title deed executed is a forged one. Now the dispute between herself and the accused has been settled. She is not having any complaint against the accused (her husband). So it is true that she had turned out hostile to the prosecution. Accordingly accused Nos.1 and 3 to 6 were acquitted by the JFCM Court, Chavara.

(3.) On going through the documents, the annexures produced by the petitioner, I find that this complaint was filed by the 3rd respondent against the accused persons including the petitioner on the is understanding that her husband has transferred the property in the name of his sister and she has given a statement before JFCM Court, Chavara that the entire matter has been settled. Even now she has filed an affidavit to the effect that she has not interested in proceeding with the case as the entire matter has been settled between her and the petitioner. In fact the dispute was between the husband in law and herself. Since the matter is related to a matrimonial relationship, I find that the continuation of the same will definitely disturb their peaceful life. It is averred in the Annexure-A3 affidavit that the de facto complainant/ 3rd respondent is living peacefully along with her husband.