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Girish Varaduraju Kalmady vs Vidhi @ Reshmi Girish Kalmadi on 6 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940

Crl.MC.No. 258 of 2015

CC 349/2013 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, HARIPAD

PETITIONERS/ACCUSED NOS.1 2:

1 GIRISH VARADURAJU KALMADY,
AGED 45 YEARS,
SENIOR DIVISIONAL MEDICAL OFFICER, ADMINISTRATION, WESTERN
RAILWAY, MUMBAI CENTRAL, MUMBAI, MAHARASHTRA.
PRESENT ADDRESS:-
SR.D.M.O., R.W.F., YELAHANKA, BANGALORE-560 064.

2 SARALAMMA VARADARAJU,
AGED 75 YEARS,
W/O VARADARAJU, HITHESHI MANILA, MANIYANGALA TRUST @ MNANIAHGALA
OLD AGE HOME NO.17, FIRST MAIN ROAD, 1B, KUMPANA LAYOUT, PALACE
GUTTAHALLI,BANGALORE, NOW RESIDING AT NO.2.FLRGRD IMPERIAL
MANSION, WESTERN RAILWAY, TRANSIT FLAT,CUTTAPARADE, MUMBAI,
MAHARASHTRA.
PRESENT ADDRESS:-
C/O.K.V. GIRISH, SR. D.M.O. R.W.F., YELAHANKA, BANGALORE-560
064.

BY ADVS.
SRI.C.S.DIAS
SMT.B.BINDU
SMT.P.T.MARY
SRI.N.K.SUBRAMANIAN

RESPONDENTS/COMPLAINANT AND STATE:

1 VIDHI @ RESHMI GIRISH KALMADI,
AGED 34 YEARS,
D/O SYILAJA, AYYAPPA VIHAR, KARUVATTA,
KUMARAPURAM VILLAGE.

2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADVS.
SRI.NIREESH MATHEW
SRI.N.P.PRAJEESH

R2 BY PUBLIC PROSECUTOR SMT.MAYA.M.N

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 06.02.2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 258 of 2015 2

ORDER

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 petitioners.

2. The 1st respondent is the wife of the 1st petitioner.

Their marriage was solemnized on 23.03.2010 and they were

living together. In the course of their connubial relationship,

serious disputes cropped up. The 2nd petitioner is the mother of

the 1st petitioner. The 1st respondent specifically alleges that the

petitioners are guilty of culpable matrimonial cruelty. This finally

led to the institution of criminal proceedings at the instance of the

1st respondent. FIR was registered and after investigation, final

report was laid before the learned Magistrate and the case is now

pending as C.C.No.349 of 2013 on the files of the Judicial

Magistrate of First Class-II, Haripad. In the aforesaid case, the

petitioners are accused of having committed offence punishable

under Sections 406 and 498A r/w. Section 34 of the IPC.
Crl.MC.No. 258 of 2015 3

3. The learned Counsel appearing for the petitioners

submitted that at the instance of well wishers and family

members, the parties have decided to put an end to their discord

and have decided to part ways. It is urged that the dispute is

purely private in nature. The learned counsel appearing for the 1 st

respondent, invited the attention of this Court to the counter

affidavit filed and Annexure-R1(a) settlement agreement by her

and asserts that the disputes inter se have been settled and the

continuance of criminal proceedings will only result in gross

inconvenience and hardship. It is submitted that the 1 st

respondent has no objection in allowing the prayer sought for.

4. The learned Public Prosecutor after getting instructions

has submitted that the statement of the 1 st respondent has been

recorded and she has stated in unequivocal terms that the

settlement arrived at is genuine.

5. I have considered the submissions advanced and have

perused the materials on record.

Crl.MC.No. 258 of 2015 4

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.

Crl.MC.No. 258 of 2015 5

In the result, this petition will stand allowed and all

proceedings pursuant thereto against the petitioners now pending

as C.C.No.349 of 2013 on the files of the Judicial Magistrate of

First Class-II, Haripad are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE

DSV/7.2.19 //TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 258 of 2015 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE COMPLAINT IN C.C. NO.
349/2013 ON THE FILE OF JUDICIAL FIRST
CLASS MAGISTRATE COURT II, HARIPAD.

ANNEXURE A2 TRUE COPY OF THE ORDER DATED 28.04.2014 IN

PETITION E-151/2013 OF FAMILY COURT, MUMBAI
AT BANDRA

ANNEXURE A3 TRUE COPY OF THE OFFICIAL ATTENDANCE
CERTIFICATE OF THE 1ST PETITIONER

ANNEXURE A4 TRUE COPY OF THE WOUND CERTIFICATE DATED
19.01.2009 ISSUED FROM MEDICAL COLLEGE
HOSPITAL, ALAPPUZHA.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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