SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ajeesh Kumar vs The State Of Kerala on 15 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY, THE 15TH DAY OF FEBRUARY 2019 / 26TH MAGHA, 1940

Crl.MC.No. 100 of 2019

CC 354/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA

CRIME NO. 1018/2016 OF Aroor Police Station, Alappuzha

PETITIONERS/ACCUSED NOS.1 2:

1 AJEESH KUMAR, AGED 35 YEARS,
S/O.MURALEEDHARAN, KOLOTH VEEDU, CHERUTHONI,
IDUKKI DISTRICT.

2 ALLI, AGED 59 YEARS,
W/O.MURALEEDHARAN, KOLOTH VEEDU, CHERUTHONI,
IDUKKI DISTRICT.

BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU

RESPONDENTS/STATE/COMPLAINANT:

1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2 SREELEKSHMI, AGED 32 YEARS,
D/O.GOPI, SREENILAYAM HOUSE, AROOR P.O, AROOR,
ALAPPUZHA DISTRICT.

R2 BY ADV. SRI.R.RAJESH
R1 SRI AMJAD ALI, SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 100 of 2019 2

ORDER

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. The 2nd respondent is the wife of the 1 st petitioner and

the 2nd petitioner is his mother. Alleging that the petitioners

subjected the 2nd respondent to matrimonial cruelty, a complaint

was lodged, based on which Crime No.1018 of 2016 was

registered at the Arroor Police Station. On completion of

investigation, final report was laid before the learned Magistrate

and the case is now pending as C.C.No.354 of 2018 on the files of

the Judicial Magistrate of First Class-II, Cherthala. In the aforesaid

case, the petitioners are accused of having committed offence

punishable under Section 498A of the IPC.

3. The learned counsel appearing for the petitioners

submitted that at the instance of well wishers and family

members, the parties have decided to put an end to their discord

and have decided to part ways. It is urged that the dispute is

purely private in nature.

Crl.MC.No. 100 of 2019 3

4. The learned counsel for the 2nd respondent, invited the

attention of this Court to the affidavit filed by her and asserts that

the disputes inter se have been settled and the continuance of

criminal proceedings will only result in gross inconvenience and

hardship. It is submitted that the 2 nd respondent has no objection

in allowing the prayer sought for.

5. The learned Public Prosecutor after getting instructions

has submitted that the statement of the 2 nd respondent has been

recorded and she has stated in unequivocal terms that the

settlement arrived at is genuine.

6. I have considered the submissions advanced.

7. In Gian Singh v. State of Punjab [(2012) 10 SCC

303] and in Narinder Singh v. State of Punjab [(2014) 6 SCC

466], the Apex Court has laid down that in appropriate cases, the

High Court can take note of the amicable resolution of disputes

between the victim and the wrongdoer to put an end to the

criminal proceedings. Further in Jitendra Raghuvanshi

Others v. Babita Raghuvanshi Another [(2013) 4 SCC 58],

it was observed that it is the duty of the courts to encourage

genuine settlements of matrimonial disputes. If the parties ponder
Crl.MC.No. 100 of 2019 4

over their faults and terminate their disputes amicably by mutual

agreement instead of fighting it out in a court of law, the courts

should not 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 interest of justice also

require that the proceedings be quashed. Having considered all

the relevant circumstances, I am of the considered view that this

Court will be well justified in invoking its extraordinary powers

under Section 482 of the Code to quash the proceedings.

In the result, this petition will stand allowed. Annexure-B

final report and all proceedings pursuant thereto against the

petitioners now pending as C.C.No.354 of 2018 on the files of the

Judicial Magistrate of First Class-II, Cherthala are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE

DSV/15.2.19
Crl.MC.No. 100 of 2019 5

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME
NO.1018/2016 OF AROOR POLICE STATION,
ALAPPUZHA DISTRICT.

ANNEXURE B CERTIFIED COPY OF THE CHARGE SHEET IN CRIME
NO.1018/2016 OF AROOR POLICE STATION,
ALAPPUZHA DISTRICT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2019 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

Web Design BangladeshWeb Design BangladeshMymensingh