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Crime No. 1419/2012 Of … vs N.S. Sarathkumar on 2 February, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 2ND DAY OF FEBRUARY 2017/13TH MAGHA, 1938

Crl.MC.No. 366 of 2017
———————–

CRIME NO. 1419/2012 OF PALARIVATTOM POLICE STATION, ERNAKULAM

—————-

PETITIONER/ACCUSED NOS 1 TO 3:

————-

1. N.S. SARATHKUMAR, AGED 37,
S/O LATE SURABY NATH,
RESHMI NIVAS, PANAKKATTAMBILLY ROAD,
ANCHUMURI,PONNURUNNI,VYTTILA NOW,
RESIDING AT ASHYANA APARTMENT, BTS RAOD,
KEERTHI NAGAR, ELAMAKKARA P.O,
ERNAKULAM.

2. REJANI DEVI, AGED 64,
W/O LATE SURABY NATH,
RESHMI NIVAS,PANAKKATTAMBILLY ROAD,
ANCHUMURI PONNURUNNI VYTTILA NOW,
RESIDING AT ASHYANA APARTMENT BTS ROAD,
KEERTHI NAGAR, ELAMAKKARA P.O,
ERNAKULAM.

3. SWAPNA @ SAVITHA NATH, AGED 34,
W/O PRABHU DAS,
RESHMI NIVAS, PANAKKATTAMBILLY ROAD,
ANCHUMURI,PONNURUNNI,VYTTILA NOW
RESIDING AT ASHYANA APARTMENT BTS,ROAD,
KEERTHI NAGAR, ELAMAKKARA P.O,
ERNAKULAM.

BY ADV. SRI.C.P.UDAYABHANU

RESPONDENT(S)/COMPLAINANT:

————————-

1. S.PARVATHY AGED 33, D/O SATHYAN,
KARAYATHU HOUSE,MEENCHIRA ROAD,
AIMS, PONEKKARA P.O,KOCHI PIN 682041.

2. STATE OF KERALA,REPRESENTED
BY THE SI OF POLICE,
PALARIVATTAM POLICE STATION,
(CRIME NO 1419/2012) REPRESENTED
BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM.

R1 BY ADV. SRI.G.SUDHEER
R 2BY PUBLIC PROSECUTOR SMT M.K PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 02-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

K.V.

CRMC 366 OF 2017:

—————–

APPENDIX

PETITIONERS ANNEXURES:

———————-

A1: A CERTIFIED COPY OF THE FIR IN CRIME 1419/2012 OF PALARIVATOM
POLICE STATION.

A11: AFFIDAVIT SWORN BY R1 THE DE FACTO COMPLAINANT IN ANNEXURE-1.

RESPONDENTS ANNEXURES: NIL

———————–

/TRUE COPY/

P.A.TO JUDGE
K.V.

RAJA VIJAYARAGHAVAN.V., J

– – – – – – – – – – – – – – – – – – – –

Crl.M.C. No. 366 of 2017

– – – – – – – – – – – – – – – –

Dated 2nd February, 2017

– – – – – – – – – – – – – – – – – – – – – – – –

ORDERxx

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 1st respondent, who

is the wife of the 1st petitioner, Crime No.1419 of 2012 of

the Palarivattom Police Station was registered and

investigation was taken up for offences punishable under

Sections 406, 420, 498A read with Section 34 of the IPC.

The petitioners 2 and 3 are the near relatives 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

Crl.M.C. No.366 of 2017 -2-

counsel appearing for the parties, they have approached

the Family Court, Ernakulam and have filed a petition

seeking divorce by mutual consent which has been

allowed. 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 the petitioners.

4.The learned Public Prosecutor after getting instructions

has submitted that the statement of the 1st 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

part ways. The continuance of the criminal proceedings

will only serve the purpose of causing hardship to the

parties.

Crl.M.C. No.366 of 2017 -3-

7.It is by now settled 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, 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-

I FIR in Crime No.1419 of 2012 of Palarivattom 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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