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Crime No. 1391/2016 Of Aryanad … vs Surathlal on 1 February, 2017

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

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