IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940
Crl.MC.No. 7014 of 2018
CC 1696/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-
CRIME NO. 346/2015 OF MALAMPUZHA POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED NOS.1 3:
AGED 35 YEARS,
S/O SOMAN PILLA, KRIPAS, THOTTAPPUZHASSERI, P.O.
MARAMON, PATHANAMTHITTA DIST.
2 PRASANNA KUMARI,
AGED 59 YEARS,
W/O. SOMAN PILLA, KRIPAS, THOTTAPPUZHASSERI, P.O.
MARAMON, PATHANAMTHITTA DISTRICT.
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM – 682031.
AGED 31 YEARS, D/O. APPUKUTTAN MENON, SREE
PADMANABHAM, G.K. NIVAS, CHERAD, P.O. MALAMPUZHA-678
R2 BY ADV. SRI.S.R.SREEJITH
R1 SRI C K PRASAD, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7014 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 petitioners.
2. The 2nd respondent is the wife of the 1st petitioner. The 2nd
petitioner is the mother of the 1st petitioner. The marriage between
the 1st petitioner and the 2nd respondent was solemnized on
31.08.2011. In the course of their connubial relationship, serious
disputes cropped up. The 2nd respondent specifically alleged that the
petitioners are 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, Annexure-AII
final report was laid before the learned Magistrate and the case is
now pending as C.C.No.1696 of 2015 on the file of the Judicial First
Class Magistrate Court-III, Palakkad. In the aforesaid case, the
petitioners are accused of having committed offences punishable
under Sections 323, 406 and 498A read with Section 34 of the IPC.
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 live
Crl.MC.No. 7014 of 2018 3
in peace. It is urged that the dispute is purely private in nature. The
learned counsel appearing for the 2nd respondent, invited the
attention of this Court to the 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 2 nd 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 is genuine.
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
Crl.MC.No. 7014 of 2018 4
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
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
In the result, this petition will stand allowed. Annexure-AII
final report and all proceedings pursuant thereto against the
petitioners now pending as C.C.No.1696 of 2015 on the file of the
Judicial First Class Magistrate Court-III, Palakkad are quashed.
RAJA VIJAYARAGHAVAN V
DSV/- //True Copy// P.A.To Judge
Crl.MC.No. 7014 of 2018 5
ANNEXURE AI A TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE DEFACATO COMPLAINANT
ANNEXURE AII A TRUE COPY OF THE FINAL REPORT IN CRIME NO.
346/2015 OF MALAMPUZHA POLICE STATION.
ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
2ND RESPONDENT ENDORSING THE FACTUM OF
COMPOUNDING OF THE ABOVE SAID OFFENCES AND
THE SETTLEMENT OF DISPUTES BETWEEN THE