IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938
Crl.MC.No. 548 of 2017 ()
————————–
CRIME NO. 1391/2016 OF ARYANAD POLICE STATION,THIRUVANANTHAPURAM
——————
PETITIONER(S)/ACCUSED :
—————————————-
1. SURATHLAL,
S/O.SURENDRAN PILLAI, SURALAYAM,
VELLANADU P.O, THIRUVANANTHAPURAM.
2. SURENDRAN PILLAI,
S/O.PADMANABHAN PILLAI, SURALAYAM,
VELLANADU P.O, THIRUVANANTHAPURAM.
3. GIRIJA, W/O.SURENDRA PILLAI,
SURALAYAM, VELLANADU P.O, THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN
RESPONDENT(S)/COMPLAINANT :
—————————————————-
1. THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
ARYANAD POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
3. VIDHYA.V.S., AGED 22 YEARS, D/O.SARITHA,
KARTHIKA, KOKKOTHAMANGALAM, MUNDELA,
ARUVIKKARA, TRIVANDRUM -695 001
R1 R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA
R3 BY ADV. SRI.V.VINAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 548 of 2017 ()
———————————–
APPENDIX
PETITIONER(S)’ ANNEXURES:
——————————————–
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 1391/2016 OF ARAYANAD
POLICE STATION
ANNEXURE A2 AFFIDAVIT FILED BY THE 3RD RESPONDENT
RESPONDENT(S)’ ANNEXURES: NIL
———————————————–
/TRUE COPY/
P.A.TO JUDGE
sts
RAJA VIJAYARAGHAVAN.V., J
– – – – – – – – – – – – – – – – – – – –
Crl.M.C. No. 548 of 2017
– – – – – – – – – – – – – – – –
Dated 1st February, 2017
– – – – – – – – – – – – – – – – – – – – – – – –
ORDER
1.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 petitioners.
2.On the basis of an FIR lodged by the 3rd respondent, who
is the wife of the 1st petitioner, Crime No.1391 of 2016 of
the Aryanad Police Station was registered and
investigation was taken up for offences punishable under
Sections 498A read with Section 34 of the IPC. The
petitioners 2 and 3 are the parents of the 1st petitioner.
3.It is submitted that the Crime was registered due to
temperamental differences and minor skirmishes which
usually occur between husband and wife in the course of
their matrimonial relationship. According to the learned
counsel appearing for the parties, all the disputes have
Crl.M.C. No.548 of 2017 -2-
been settled and the spouses have started living together.
An affidavit sworn to by the victim is also relied on by the
parties to contend that the wife is desirous of bringing to
an end the criminal prosecution initiated against her
husband and in-laws.
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.
6.It is evident from the materials produced that the parties
have amicably resolved their disputes and have decided to
live together as husband and wife under the same roof.
The continuance of the criminal proceedings will only
serve the purpose of causing hardship to the parties.
7.It is by now settled that it is the duty of the courts to
encourage genuine settlements of matrimonial disputes. If
Crl.M.C. No.548 of 2017 -3-
the parties ponder over their faults and terminate their
disputes amicably by mutual agreement instead of fighting
it out in a court of law, there is no reason why this Court
should 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 dispute is
clearly private and no public interest is involved.
In the result, this petition will stand allowed. Annexure-
A1 FIR in Crime No.1391 of 2016 of Aryanad Police Station
and all proceedings pursuant thereto against the petitioners
are quashed.
Sd/-
RAJA VIJAYARAGHAVAN.V.,
JUDGE
kp/02.02.17
