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Crime No.786/2012 Of Mulavukad … vs By Adv. Smt.K.P.Santhi 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. 567 of 2017 ()
————————–

CRIME NO.786/2012 OF MULAVUKAD POLICE STATION,
ERNAKULAM DISTRICT.
……….

PETITIONER/ACCUSED:
——————-

VINEETH MOHAN,
AGED 29 YEARS, S/O.MOHANAN K.P.,
KAROTTVADAKKETHIL HOUSE,
MACHIPLAVU P.O., CHATTUPARA,
ADIMALI, IDUKKI.

BY ADV. SMT.K.P.SANTHI

RESPONDENT(S)/STATE AND COMPLAINANT:
————————————

1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2. SARANYAMOL M.S.,
31 YEARS, D/O.SASHANKAN,
MANAPILLY THARA, ATHANI,
NORTH PARAVUR, ERNAKULAM-683513.

R1 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH
R2 BY ADV. SMT.V.SHARMILA

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

mbr/

Crl.MC.No. 567 of 2017 ()
————————-

APPENDIX

PETITIONERS’ ANNEXURES:

ANNEXURE I : TRUE COPY OF THE F.I.R. IN CRIME NO.786 OF 2012
OF MULAVUKAD POLICE STATION.

ANNEXURE II: TRUE COPY OF O.P.NO.2332 OF 2016 OF FAMILY
COURT, ERNAKULAM.

ANNEXURE III: TRUE COPY OF THE AFFIDAVIT OF THE
2ND RESPONDENT.

RESPONDENTS’ ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE
mbr/

RAJA VIJAYARAGHAVAN.V., J
– – – – – – – – – – – – – – – – – – – –
Crl.M.C. No. 567 of 2017
– – – – – – – – – – – – – – – –
Dated 2nd 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 petitioner.

2.On the basis of an FIR lodged by the 2nd respondent, who

is the wife of the petitioner, Crime No.786 of 2012 of the

Mulavukad Police Station was registered and investigation

was taken up for offences punishable under Sections 420,

498A and Section 3(1)(c) of the Scheduled Castes and

Scheduled Tribes (prevention of Atrocities) Act, 1989.

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, they have decided to

part ways and Annexure-II petition seeking for divorce by

Crl.M.C. No.567 of 2017 -2-

mutual consent has been filed before the Family Court,

Ernakulam. In accordance with the arrangement entered,

an affidavit sworn to by the wife is also placed on record,

wherein she expresses her desire to put an end to the

criminal prosecution initiated against the petitioner.

4.The learned Public Prosecutor after getting instructions

has submitted that the statement of the party

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.

7.It is by now settled that it is the duty of the courts to

Crl.M.C. No.567 of 2017 -3-

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.786 of 2012 of Mulavukad Police

Station and all proceedings pursuant thereto against the

petitioner are quashed.

Sd/-

RAJA VIJAYARAGHAVAN.V.,
JUDGE

kp/03.02.17

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