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Judgments of Supreme Court of India and High Courts

Biju vs State Of Kerala on 7 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940

Crl.MC.No. 1672 of 2019

CC 815/2011 (L.P.No.82/2018) of JUDICIAL MAGISTRATE OF FIRST CLASS
-II, KOLLAM

CRIME NO. 638/2011 OF ERAVIPURAM POLICE STATION , KOLLAM

PETITIONER/ACCUSED:

BIJU
AGED 39 YEARS
S/O. MADHAVAN, SREEVILASAM, KANNIMEL,
KAVANAD P.O., KOLLAM DISTRICT

BY ADVS.
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH

RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN – 682 031

2 THE SUB INSPECTOR OF POLICE
ERAVIPURAM POLICE STATION,
KOLLAM DISTRICT

3 VEENA
AGED 32 YEARS
D/O. VIJAYAN, KAIRALI, VALIYAVILA NAGAR,
162, MAYYANAD, KOLLAM DISTRICT

SRI AJITH MURALI PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1672 of 2019 2

ORDER

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

Procedure (“the Code” for brevity).

2. The 3rd respondent is the de facto complainant in C.C.

No.815 of 2011 now pending as L.P.No.82 of 2018 on the file of the

Judicial First Class Magistrate-II, Kollam. The petitioner herein is the

husband of the 3rd respondent and he is 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 3rd respondent has

filed Annexure-A3 affidavit, wherein it is stated that she does not wish

to continue with the prosecution proceedings against the petitioner.

4. The learned Public Prosecutor has obtained instructions. He

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

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

involves no public interest.

Crl.MC.No. 1672 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.

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.

Crl.MC.No. 1672 of 2019 4

In the result, this petition will stand allowed. Annexure-A2

final report and all proceedings pursuant thereto against the petitioner

in C.C.No.815 of 2011 now pending as L.P.No.82 of 2018 on the file of

the Judicial First Class Magistrate-II, Kollam are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE
IAP

//TRUE COPY// P.A. TO JUDGE
Crl.MC.No. 1672 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 638/2011
DATED 12.06.2011

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED
12.06.2011

ANNEXURE A3 THE AFFIDAVIT OF THE 3RD RESPONDENT DATED
15.08.2018

RESPONDENTS’ EXHIBITS:

NIL

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