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Freejo Josem vs The State Of Kerala on 10 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY ,THE 10TH DAY OF JANUARY 2019 / 20TH POUSHA, 1940

Crl.MC.No. 8757 of 2018

IN CC NO.3481/2017 ON THE FILES OF J.M.F.C.-I, THRISSUR

CRIME NO. 327/2017 OF Cherpu Police Station , Thrissur

PETITIONERS/ACCUSED NOS. 1 2:

1 FREEJO JOSEM, AGED 40 YEARS,
S/O.JOSE, PULLOKKARAN HOUSE, MURIYAD DESOM,
MURIYAD VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.

2 AMMINI KOCHUTHRESSIA, AGED 57 YEARS,
W/O.JOSE, PULLOKKARAN HOUSE, MURIYAD DESOM,
MURIYAD VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT.

BY ADV. SRI.N.L.BITTO

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 THE STATE OF KERALA
REP. BY THE SUB INSPECTOR OF POLICE,
CHERPU POLICE STATION THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM-682031.

2 AGNUS, AGED 29 YEARS,
D/O.VINCENT, ARIMPOOR CHEEROTH HOUSE,
PERINCHERY DESOM, CHEVOOR VILLAGE,
THRISSUR TALUK, THRISSUR DISTRICT.

BY ADV. SRI.K.R.ARUN KRISHNAN
SRI. T.R.RENJITH, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8757 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. 3481 of 2017 on the file of the Judicial Magistrate of First

Class-I, Thrissur. The petitioners herein are the husband and

mother-in-law respectively of the 2nd respondent and they are

being proceeded against for having committed offence punishable

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

3. The instant proceeding 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
Crl.MC.No. 8757 of 2018

3

terminating the proceedings as it involves no public interest.

5. I have considered the submissions advanced.

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
Crl.MC.No. 8757 of 2018

4

view that this Court will be well justified in invoking its extra

ordinary powers under Section 482 of the Code to quash the

proceedings.

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

final report and all proceedings pursuant thereto against the

petitioners now pending as C.C.No.3481 of 2017 on the file of the

Judicial First Class Magistrate Court-I, Thrissur are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

avs //TRUE COPY// P.A TO JUDGE
Crl.MC.No. 8757 of 2018

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE – I A TRUE COPY OF THE FIR CRIME NO.327 OF 2017

DATED 16/03/2017 OF THE CHERPU POLICE
STATION.

ANNEXURE-II A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.327 OF 2017, DATED 31/10/2017 OF THE
CHERPU POLICE STATION.

ANNEXURE-III A TRUE COPY OF THE COMPROMISE AGREEMENT
ENTERED BETWEEN PARTIES IN OP 1562 OF 2016
OF THE FAMILY COURT, THRISSUR DATED /6/2018

ANNEXURE -IV AN AFFIDAVIT FILED BY THE 2ND RESPONDENT
DATED 01/10/2018 REGARDING SETTLEMENT.

RESPONDENT’S/S EXHIBITS:

NIL

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