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Judgments of Supreme Court of India and High Courts

Dennis vs State Of Kerala on 12 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940

Crl.MC.No. 383 of 2019

CC NO.884/2018 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST
CLASS, TALIPARAMBA

CRIME NO. 143/2018 OF Alakkode Police Station, Kannur

PETITIONERS/ACCUSED 1 TO 4:

1 DENNIS, AGED 35 YEARS,
S/O.THOMAS, MELUKUNNEL (H), VELLAD AMSOM,
NADUVIL DESOM VAYATTUPARAMBA P.O., TALIPARAMBA TALUK,
KANNUR DISTRICT, PINCODE – 670 582.

2 THOMAS M.S., AGED 67 YEARS,
S/O.SAKKARIYA, MELUKUNNEL (H), VELLAD AMSOM,
NADUVIL DESOM VAYATTUPARAMBA P.O., TALIPARAMBA TALUK,
KANNUR DISTRICT, PINCODE – 670 582.

3 MERCY, AGED 60 YEARS,
W/O.THOMAS, MELUKUNNEL (H), VELLAD AMSOM,
NADUVIL DESOM VAYATTUPARAMBA P.O., TALIPARAMBA TALUK,
KANNUR DISTRICT, PINCODE – 670 582.

4 DAYIN, AGED 29 YEARS,
D/O.THOMAS, MELUKUNNEL (H), VELLAD AMSOM,
NADUVIL DESOM VAYATTUPARAMBA P.O., TALIPARAMBA TALUK,
KANNUR DISTRICT, PINCODE – 670 582.

BY ADV. SRI.B.MUHAMMED SHAHEEL

RESPONDENTS/STATE/DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN – 682 031. (INVESTIGATING
OFFICER IN CRIME NO.143/2018 OF ALAKKODE POLICE
STATION PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, TALIPARAMBA AS CC NO.884/2018).

2 DONA SUNNY, D/O.SUNNY, AGED 27 YEARS, VELLAKKAL (H),
ALAKKODE AMSOM, OTTATHAI P.O., TALIPARAMBA TALUK,
KANNUR DISTRICT, PINCODE – 670 571.
Crl.MC.No. 383 of 2019 2

R2 BY ADV. SRI.RUBEN GEORGE ROCK

R1 BY SMT K SHEEBA, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 383 of 2019 3

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (“the Code” for brevity).

2. The 2nd respondent is the de facto complainant in

C.C.No.884 of 2018 on the file of the Judicial Magistrate of First Class,

Taliparamba. The 1st petitioner herein is the husband of the de facto

complainant and the petitioners 2 to 4 are his near relatives. They are

being proceeded against for having committed offence punishable

under Sections 498A, 323 and 506(ii) r/w. Section 34 of the IPC.

3. This petition is filed with a prayer to quash the proceedings

on the ground of settlement of all disputes. The 2nd respondent has

filed an affidavit stating that she does not wish to continue with the

prosecution proceedings against the petitioners.

4. The learned Public Prosecutor has obtained instructions. He

submitted that the statement of the 2 nd respondent has been recorded

and the State has no objection in terminating the proceedings as it

involves no public interest.

Crl.MC.No. 383 of 2019 4

5. I have considered the submissions advanced and have

perused the materials on record.

6. In Gian Singh v. State of Punjab [(2012) 10 SCC 303]

and in Narinder Singh v. State of Punjab [(2014) 6 SCC 466], the

Apex Court has laid down that in appropriate cases, the High Court

can take note of the amicable resolution of disputes between the

victim and the wrongdoer to put an end to the criminal proceedings.

Further in Jitendra Raghuvanshi Others v. Babita Raghuvanshi

Another [(2013) 4 SCC 58], it was observed 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, the courts should not 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 interest of

justice also require that the proceedings be quashed. Having

considered all the relevant circumstances, I am of the considered view

that this Court will be well justified in invoking its extraordinary

powers under Section 482 of the Code to quash the proceedings.
Crl.MC.No. 383 of 2019 5

In the result, this petition will stand allowed. Annexure-A1

final report and all proceedings pursuant thereto against the

petitioners now pending as C.C.No.884 of 2018 on the files of the

Judicial Magistrate of First Class, Taliparamba are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/13.2.19 //TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 383 of 2019 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.143/2018 OF ALAKKODE POLICE
STATION PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, TALIPARAMBA AS CC
NO.884/2018.

ANNEXURE A2 THE CERTIFIED COPY OF THE FIR DATED
22/02/2018 IN CRIME NO.143/2018 OF ALAKKODE
POLICE STATION.

ANNEXURE A3 THE CERTIFIED COPY OF THE COMPLAINT FILED
BY THE 2ND RESPONDENT BEFORE THE HON’BLE
JUDICIAL FIRST CLASS MAGISTRATE,
TALIPARAMBA.

ANNEXURE A4 THE TRUE COPY OF THE MEMORANDUM OF
AGREEMENT IN THE MEDIATION.

ANNEXURE A5 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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