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Dileep vs The State Of Kerala on 3 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940

Crl.MC.No. 7432 of 2018

CC NO.1975/2017 ON THE FILES OF J.M.F.C.-I, ATTINGAL

CRIME NO.633/17 OF ATTINGAL POLICE STATION

PETITIONERS/ACCUSED 1 TO 3:

1 DILEEP, AGED 32 YEARS,
S/O VIJAYAN, VILAYIL VEEDU,
CHITTANKARA DESOM, ATTINGAL, THRIVANDRUM

2 VIJAYAN, AGED 67 YEARS,
S/O. APPUKUTTAN,
VILAYIL VEEDU,
CHITTANKARA DESOM, ATTINGAL, TRIVANDRUM

3 MURALIDHARAN, S/O. APPUKUTTAN,
DEEPU NIVAS, KODUMAN JUNCTION,
CHITTANKARA DESOM, ATTINGAL, TRIVANDRUM

BY ADV. SRI.M.R.SARIN

RESPONDENTS/COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682031

2 ANJANA SAJEEV, AGED 24 YEARS,
D/O. BINDHU, PATHIRAPALLI DESOM, THINAVILA VEEDU,
PATHIRAPPALLI DESOM, KUDAPPANAKUNNU VILLAGE,
TRIVANDRUM – 695001

BY ADV. SRI.V.VINAR

SRI.AMJAD ALI, SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7432 of 2018 2

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.1975 of 2017 on the file of the Judicial Magistrate of First

Class-I, Attingal. The 1st petitioner herein is the husband of the 2 nd

respondent and the petitioners 2 and 3 are his near relatives. They are

being proceeded against for having committed offence punishable

under Section 498A r/w Section 34 of the IPC.

3. The instant 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 2nd respondent has been recorded

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

involves no public interest.

5. I have considered the submissions advanced.
Crl.MC.No. 7432 of 2018 3

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.

7. 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.

In the result, this petition will stand allowed. Annexure-A2

final report and all proceedings pursuant thereto against the
Crl.MC.No. 7432 of 2018 4

petitioners now pending as C.C.No.1975 of 2017 on the files of the

Judicial Magistrate of First Class-I, Attingal are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
Crl.MC.No. 7432 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR NO. 633/2017 OF
ATTINGAL POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN CC
NO. 1975/17 PENDING BEFORE JFCM COURT-1,
ATTINGAL

ANNEXURE A3 AFFIDAVIT SINGED BY THE 2ND RESPONDENT

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