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
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CRIME NO. 1419/2012 OF PALARIVATTOM POLICE STATION, ERNAKULAM
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PETITIONER/ACCUSED NOS 1 TO 3:
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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:
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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 PUSHPALATHATHIS 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:
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APPENDIX
PETITIONERS ANNEXURES:
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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
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/TRUE COPY/
P.A.TO JUDGE
K.V.
RAJA VIJAYARAGHAVAN.V., J
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Crl.M.C. No. 366 of 2017
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Dated 2nd February, 2017
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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
