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Judgments of Supreme Court of India and High Courts

Biju vs State Of Kerala on 21 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940

Crl.MC.No. 531 of 2018

CC 3986/2016 of J.M.F.C.,CHAVAKKAD

CRIME NO. 1645/2016 OF PAVARATTY POLICE STATION , THRISSUR

PETITIONER/ACCUSED:

BIJU
S/O.BALAN, AGED 34 YEARS, VASANTHAM NAGAR,
DR. NO.24-1-38 A6, DASAMPALAYAM ROAD,
KATTOOR, METTUPPALAYAM, COIMBATORE, TAMIL NADU.

BY ADVS.
SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.

2 SUB INSPECTOR OF POLICE
PAVARATTY POLICE STATION,
THRISSUR DIST – 680001

3 BABY SINDHU
AGED 27 YEARS,D/O.VENU, PAVARATTY HOUSE,
KAKKASERI DESAM, ELAVALLI – 680 511.

BY ADV. SRI.M.PREMCHAND

PP. SRI. C.K. PRASAD.

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 531 of 2018 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 petitioner.

2. The 3rd respondent is the wife of the petitioner. Their

marriage was solemnized on 05.05.2011. In the course of their

connubial relationship, serious disputes cropped up. The 3rd respondent

specifically alleges that the petitioner is guilty of culpable matrimonial

cruelty. This finally led to the institution of criminal proceedings at the

instance of the 3rd respondent. FIR was registered and after

investigation, final report was laid before the learned Magistrate and

the case is now pending as C.C.No.3986 of 2016 on the files of the

Judicial Magistrate of First Class, Chavakkad. In the aforesaid case, the

petitioner is accused of having committed offence punishable under

Section 498A of the IPC.

3. The learned Counsel appearing for the petitioner 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. The

learned counsel appearing for the 3rd respondent, invited the attention
Crl.MC.No. 531 of 2018 3

of this Court to the affidavit filed by the 3rd respondent 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 3rd respondent has no objection in

allowing the prayer sought for.

4. The learned Public Prosecutor after getting instructions has

submitted that the statement of the 3rd respondent has been recorded

and she has stated in unequivocal terms that the settlement arrived at

is genuine.

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
Crl.MC.No. 531 of 2018 4

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

extraordinary 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

now pending as C.C.No.3986 of 2016 on the file of the Judicial First

Class Magistrate Court, Chavakkad are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP //True Copy// P.A.TO JUDGE
Crl.MC.No. 531 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A FINAL REPORT IN CC 3986/2016 PENDING BEFORE

THE JUDICIAL FIRST CLASS MAGISTRATE COURT,
CHAVAKKAD

ANNEXURE B AFFIDAVIT OF THIRD RESPONDENT

RESPONDENTS’ EXHIBITS:

NIL

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