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Judgments of Supreme Court of India and High Courts

Ajith K vs Preethi Bhaskaran on 25 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940

Crl.MC.No. 984 of 2019

CC 100/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS, PAYYANNUR

CRIME NO. 1319/2016 OF PARIYARAM POLICE STATION, Kannur

PETITIONERS/ACCUSED NOS.1 TO 4:

1 AJITH K.,
S/O. BALAN K, AGED 41 YEARS,

2 RAJAN K.,
AGED 40 YEARS,
S/O. BALAN,

3 SATHYABHAMA,
AGED 52 YEARS,
W/O. GOPALAN,

4 SUBHASREE,
AGED 23 YEARS,
D/O. GOPALAN,

ALL THE PETITIONERS ARE RESIDING AT MOOLAKKAL HOUSE,
KACHERY PARAMBA, P.O. MUNDERI, KANNUR-670 591.

BY ADV. SRI.K.RAJESH SUKUMARAN

RESPONDENTS/DE FACTO COMPLAINANT:

1 PREETHI BHASKARAN,
D/O. BHASKARAN K.V., AGED 36 YEARS, RESIDING AT
PRATHEEKSHA, MADATHILE VAYAL, CHERUTHAZHAM, P.O.
MANDUR, KANNUR-670 501.

2 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.

R1 BY ADV.R.SREEHARI
R2 BY SRI. B. JAYASURYA, SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 984 of 2019 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure (“the Code” for brevity).

2. The 1st respondent is the de facto complainant in

C.C.No.100 of 2018 on the file of the Judicial Magistrate of First

Class, Payyannur. The 1st petitioner herein is her husband and the

petitioners 2 to 4 are his near relatives. They are being proceeded

against for having committed offence punishable under Section

498A r/w. Section 34 of the IPC.

3. This petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 1st

respondent has filed an affidavit, wherein she has stated that she

does not wish to continue with the prosecution proceedings

against the petitioners.

4. The learned Public Prosecutor has obtained instructions.

He submits that the statement of the 1 st respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC.No. 984 of 2019 3

5. I have considered the submissions advanced.

6. 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

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.
Crl.MC.No. 984 of 2019 4

In the result, this petition will stand allowed.

Annexure-A2 final report and all proceedings pursuant thereto

against the petitioners now pending as C.C.No.100 of 2018 on the

file of the Judicial Magistrate of First Class, Payyannur are

quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

//TRUE COPY// P.A.TO JUDGE

DSV/25.2.19
Crl.MC.No. 984 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIRST INFORMATION

REPORT IN CRIME 1319/2016 OF PARIYARAM
POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
1319/2016 OF KANNAPURAM POLICE STATION.

ANNEXURE A3 JUDGMENT DATED 01.10.2018 IN O.P. 276/2018
ON THE FILE OF THE FAMILY COURT, KANNUR.

ANNEXURE A4 SWORN AFFIDAVIT OF THE 1ST RESPONDENT DATED
31.12.2018.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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