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 ()
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CRIME NO.786/2012 OF MULAVUKAD POLICE STATION,
ERNAKULAM DISTRICT.
……….
PETITIONER/ACCUSED:
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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:
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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 ()
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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
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Crl.M.C. No. 567 of 2017
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Dated 2nd February, 2017
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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
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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
