IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 18TH DAY OF JANUARY 2019 / 28TH POUSHA, 1940
Crl.MC.No. 8905 of 2018
1111/2017 of SPL.COURT OF JMFC FOR TRIAL OF CASES U/S.138 NI
CRIME NO. 1777/2016 OF VALIYATHURA POLICE STATION,
GLADSON, AGED 40 YEARS,
S/O. ALEX, A.J.HOUSE, BEACH ROAD P.O,
KANNANTHURA, KADAKAMPALLY VILLAGE,
BY ADV. SRI.WILSON URMESE
RESPONDENTS/STATE DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERANKULAM, KOCHI-682031.
D/O.VIRGIN, AGED 32 YEARS, NEENU HOUSE,
PUTHUKURICHI, KADINAMKULAM P.O,
R2 BY ADV. SMT.P.PARVATHY
R1 BY SRI.T.R.RENJITH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8905 of 2018 2
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 petitioner.
2. The 2nd respondent is the wife of the petitioner. In the
course of their connubial relationship, serious disputes cropped up.
The 2nd respondent specifically alleges that the petitioner is guilty of
culpable matrimonial cruelty. This finally led to the institution of
criminal proceedings at the instance of the 2 nd 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.1111 of
2017 on the files of the Judicial Magistrate of First Class – XI,
Thiruvananthapuram. In the aforesaid case, the petitioner is accused
of having committed offence punishable under Sections 498A r/w
Section 34 of the IPC.
3. The learned Counsel appearing for the petitioner 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
Crl.MC.No. 8905 of 2018 3
learned counsel for the 2nd respondent, invited the attention of this
Court to Annexure-D affidavit filed 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 2nd 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 2 nd respondent has been recorded
and she has stated in unequivocal terms that the settlement arrived at
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.
Crl.MC.No. 8905 of 2018 4
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
extra ordinary powers under Section 482 of the Code to quash the
In the result, this petition will stand allowed. Annexure-B
final report and all proceedings pursuant thereto against the petitioner
now pending as C.C.No.1111 of 2017 on the file of the Judicial First
Class Magistrate Court-XI, Thiruvananthapuram are quashed.
RAJA VIJAYARAGHAVAN V
Crl.MC.No. 8905 of 2018 5
ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.1777/2016
OF THE VALIYATHURA POLICE STATION.
ANNEXURE B TRUE COPY OF THE FINAL REPORT IN CC.NO,
1111/2017 OF THE TEMPORARY COURT OF
JUDICIAL MAGISTRATE OF FIRST
ANNEXURE C TRUE COPY OF THE AGREEMENT DATED 03.5.2017,
ENTERED INTO BY /BETWEEN THE PETITIONER AND
THE 2ND RESPONDENT HEREIN.
ANNEXURE D TRUE COPY OF THE AFFIDAVIT DATED 14.10.2017
OF THE 2ND RESPONDENT HEREIN.