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Judgments of Supreme Court of India and High Courts

Bibin N.B. vs State Of Kerala on 3 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

Crl.MC.No. 7934 of 2018

CRIME NO.1810/2016 OF MEDICAL COLLEGE POLICE STATION, Thrissur

PETITIONERS/ACCUSED:

1 BIBIN N.B., AGED 34 YEARS, S/O. BALAN,
NADUVILPURAKKAL HOUSE, MANITHARA DESOM,
AVANOOR P.O, THANGALOOR VILLAGE, THRISSUR TALUK.

2 BALAN, AGED 64 YEARS, S/O.LATE APPU,
NADUVILPURAKKAL HOUSE, MANITHARA DESOM,
AVANOOR P.O., THANGALOOR VILLAGE, THRISUSR TALUK.

3 SULOCHANA, AGED 57 YEARS,
W/O.BALAN, NADUVILPURAKKAL HOUSE,
MANITHARA DESOM, AVANOOR P.O.,
THANGALOOR VILLAGE, THRISSUR TALUK.

BY ADV. SRI.P.K.SAJEEV

RESPONDENTS/COMPLAINANT DEFACTO COMPLAINANT:

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

2 NEETHU T.K., AGED 24 YEARS,
D/O. KRISHNANKUTTY, THAIVALAPPIL HOUSE,
AMABALAPURAM DESOM, PERINGANDOOR VILLAGE,
THALAPPILLY TALUK-680596.

R2 BY ADVS. SRI.P.RAMACHANDRAN

R1 SRI.AMJAD ALI, SR.PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7934 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 Crime

No.1810 of 2016 registered at the Thrissur Medical College Police

Station. The petitioners herein are the husband and in-laws of the

2nd respondent and they are proceeded against for having committed

offence punishable under Section 498A r/w. Section 34 of the IPC

and Sections 43(a), (f) r/w. Sections 66, 66C of Information

Technology Act, 2000.

3. The instant 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 petitioners.

4. The learned Public Prosecutor has obtained instructions.

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

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC.No. 7934 of 2018

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 extra ordinary powers under Section 482 of the Code to quash

the proceedings.

Crl.MC.No. 7934 of 2018

4

In the result, this petition will stand allowed. Annexure-A1

First Information Report in Crime No.1810 of 2016 of the Thrissur

Medical College Police Station and all proceedings pursuant thereto

against the petitioners are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
Crl.MC.No. 7934 of 2018

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APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A1: CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1810/2016 OF THRISSUR
MEDICAL COLLEGE POLICE STATION.

ANNEXURE A2: TRUE COPY OF THE JOINT PETITION FOR
DIVORCE IN O.P.947/2018 ON THE FILES OF
FAMILY COURT, THIRSSUR.

ANNEXURE A3: AFFIDAVIT OF THE 2ND RESPONDENT DATED
19.11.2018.

RESPONDENT’S/S EXHIBITS:

NIL

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