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
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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