Speedy Trials Spirit Of Article 21: Kerala High Court Quashes 12 Yrs Old Cruelty Case Against Husband

Justice K Babu added that no useful purpose is likely to be served by allowing criminal prosecution based on a FIR, the investigation of which commenced twelve years back but reached nowhere.

“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,” the bench observed.

A criminal complaint was registered against the petitioner-husband by respondent-wife under Section 498A IPC at Angamaly Police Station in June, 2011. The divorce between the parties was finalized and all other litigations were closed based on the settlement arrived at between them. The petitioner was recently informed that he was still an accused in the criminal complaint lodged by the respondent at Angamaly Police Station. He approached the High Court to quash all proceedings against him.

Public Prosecutor N R Sangeetharaj informed the Court that no final report has been filed the criminal complaint lodged against the petitioner.

The Court relied upon the Apex Court decisions in Maneka Gandhi v. Union of India and Another (1978) , Hussainara Khatoon and Others v. Home Secretary, State of Bihar (1980) and Abdul Rehman Antulay and Others v. R.S.Nayak and Another (1992) to reiterate that speedy trial means reasonably expeditious trial which is an integral and essential part of the right to life and liberty.

Accordingly, it quashed the criminal proceedings against the petitioner.

Case name: Greik Xavier V Sub Inspector Of Police

Citation: 2023 LiveLaw (Ker) 433

Case number: Crl.MC No. 149 Of 2023

Counsel for the petitioner: Advocates K Rakesh Roshan, C Vathsalan and Thushara V

Counsel for the respondent: Public Prosecutor N R Sangeetharaj