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Baju vs State Of Kerala on 4 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

Crl.MC.No. 8467 of 2018

CC 301/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, MAVELIKKARA

CRIME NO. 284/2016 OF Kurathikadu Police Station, Alappuzha

PETITIONER/ACCUSED:

BAJU, AGED 39 YEARS,
S/O.BALAN PILLAI, BAJU BHAVAN, KOLLAKADAVU P.O.,
CHENGANNUR, ALAPPUZHA DISTRICT.

BY ADV. SRI.VIVEK VENUGOPAL

RESPONDENTS/STATE DE FACTO COMPLAINANT:

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

2 SONIA, AGED 32 YEARS,
D/O.RAJAN NAIR, NOW RESIDING AT KOPPARAYIL HOUSE,
VETTIYAR MURI, VETTIYAR VILLAGE, ALAPPUZHA DISTRICT.

R2 BY ADV. SRI.N.P.PRAJEESH
R1 SRI T R RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8467 of 2018 2

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (‘the Code” for brevity).

2. The 2nd respondent is the de facto complainant in

C.C.No.301 of 2016 on the file of the Judicial Magistrate of First Class-

I, Mavelikkara. The petitioner herein is the husband of the 2 nd

respondent and he is proceeded against for having committed offences

punishable under Sections 451, 294(b), 323, 341 and 498A of the IPC.

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

on the ground of settlement of all disputes. The 2nd respondent has

filed an affidavit stating that she does not wish to continue with the

prosecution proceedings against the petitioner.

4. The learned Public Prosecutor has obtained instructions. He

submits that the statement of the 2nd respondent has been recorded

and the State has no objection in terminating the proceedings as it

involves no public interest.

5. I have considered the submissions advanced and have

perused the materials on record.

Crl.MC.No. 8467 of 2018 3

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.

7. Having considered all the relevant circumstances, I am of

the considered view that this Court will be well justified in invoking its

extra ordinary powers under Section 482 of the Code to quash the

proceedings.

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

final report and all proceedings pursuant thereto against the petitioner
Crl.MC.No. 8467 of 2018 4

now pending as C.C.No.301 of 2016 on the file of the Judicial

Magistrate of First Class-I, Mavelikkara are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE

DSV/5.2.19
Crl.MC.No. 8467 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A PHOTOCOPY OF THE FINAL REPORT IN
CC.NO.301/2016 PENDING ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-1,
MAVELIKKARA.

ANNEXURE B ORIGINAL OF THE AFFIDAVIT DATED 7.12.2018
SWORN TO BY THE 2ND RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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