IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 20TH DAY OF FEBRUARY 2017/1ST PHALGUNA, 1938
Crl.MC.No. 1066 of 2017 ()
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AGAINST CC 1206/2013 of J.M.F.C.-II,ATTINGAL
PETITIONER(S)/ACCUSED 1 TO 3:-:
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1. R.RAJESH,
S/O.RAVEENDRAN PILLAI,
AGED 41 YEARS, KAVITHA, KIZHAKKANELA,
NAVAIKULAM VILLAGE, THIRUVANANTHAPURAM.
2. RAVEENDRAN PILLAI,
S/O.LATE NARAYANA PILLAI,
AGED 66 YEARS, KAVITHA, KIZHAKKANELA,
NAVAIKULAM VILLAGE, THIRUVANANTHAPURAM.
3. RADHAMANI AMMA,
D/O.LEKSHMIKUTTI AMMA,
AGED 63 YEARS, KAVITHA, KIZHAKKANELA,
NAVAIKULAM VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.B.MOHANLAL
RESPONDENT(S):
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1. THE STATION HOUSE OFFICER,
PALLICKAL POLICE STATION,
THIRUVANANTHAPURAM DISTRICT THROUGH
THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
2. SMT.RAMYA KRISHNA,
D/O.SREEKALA, AGED 28 YEARS,
UDAYAM VEEDU, KANJIRATHINKAL,
MEEYYANNOOR P.O., PALLIMON VILLAGE,
KOLLAM – 691 537.
R2 BY ADV. SRI.A.SANIL KUMAR
R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1066 of 2017 ()
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APPENDIX
PETITIONERS’ ANNEXURES
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ANNEXURE A1. THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.381/2013
OF PALLICKAL POLICE STATION IN THIRUVANANTHAPURAM DISTRICT FILED
BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-II, ATTINGAL IN C.C.NO:1206/2013.
ANNEXURE A2. THE TRUE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED
05.02.2017.
RESPONDENTS’ ANNEXURES: NIL
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TRUE COPY
P..A TO JUDGE.
kp
RAJA VIJAYARAGHAVAN.V., J
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Crl.M.C. No. 1066 of 2017
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Dated 20th February, 2017
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ORDER
1.This petition is filed under Section 482 of the Code of
Criminal Procedure ( ‘the Code” for brevity ) with a prayer
to quash the proceedings pending against the petitioners.
2.On the basis of an information furnished by the 2nd
respondent, who is the wife of the 1st petitioner, Crime
No.381 of 2013 of the Pallickal Police Station was
registered and investigation was taken up for offences
punishable under Sections 498A read with Section 34 of
the IPC, and on its completion final report was laid before
the Judicial Magistrate of First Class-II, Attingal, where
the same is pending as C.C.No.1206 of 2013. The
petitioners 2 and 3 are the parents of the 1st petitioner.
3.Heard the learned counsel appearing for the petitioners as
well as the 2nd respondent. It is submitted that the Crime
Crl.M.C. No.1066 of 2017 -2-
was registered due to temperamental differences and
minor skirmishes which usually occur between husband
and wife in the course of their matrimonial relationship.
According to the learned counsel appearing for the parties,
all the disputes have been settled and the spouses have
started living together. An affidavit sworn to by the victim
is also relied on by the parties to contend that the 2nd
respondent is desirous of bringing to an end the criminal
prosecution initiated against her husband and in-laws.
4.The learned Public Prosecutor after getting instructions
has submitted that the statement of the party
respondent has been recorded and she has stated in
unequivocal terms that the settlement arrived at is
genuine.
5.I have considered the submissions.
6.It is evident from the materials produced that the parties
have amicably resolved their disputes and have decided to
live together as husband and wife under the same roof.
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The continuance of the criminal proceedings will only
serve the purpose of causing hardship to the parties.
7.It is by now settled that it is the duty of the courts to
encourage genuine settlements of matrimonial disputes. If
the parties ponder over their faults and terminate their
disputes amicably by mutual agreement instead of fighting
it out in a court of law, there is no reason why this Court
should hesitate to exercise its powers under section 482 of
the Code. Permitting such proceedings to continue would
be nothing but an abuse of process of court. The dispute is
clearly private and no public interest is involved.
In the result, this petition will stand allowed. Annexure-
A1 final report and all proceedings pursuant thereto against
the petitioners now pending as C.C.No.1206 of 2013 on the
file of the Judicial Magistrate of 1st Class-II, Attingal are
quashed. Sd/-
RAJA VIJAYARAGHAVAN.V.,
JUDGE
kp/20.02.17
