IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940
Crl.MC.No. 8159 of 2018
AGAINST THE ORDER/JUDGMENT IN CC 1113/2015 of J.M.F.C. – I,
NORTH PARAVUR
CRIME NO.158/2015 OF North Parur Police Station, Ernakulam
PETITIONERS/ACCUSED 1 TO 3:
1 JAYAKUMAR S., AGED 38 YEARS,
S/O.LATE SIVASANKARAN NAIR, KUMARAYIL HOUSE,
UDAYAMPEROOR P.O., THRIPUNITHARA,
ERNAKULAM DISTRICT – 682 307.
2 UMADEVI, AGED 63 YEARS,
W/O.LATE SIVASANKARAN NAIR, KUMARAYIL HOUSE,
UDAYAMPEROOR P.O., THRIPUNITHURA,
ERNAKULAM DISTRICT – 682 307.
3 JAYASREE, AGED 33 YEARS,
D/O.LOATE SIVASANKARAN NAIR, KUMARAYIL HOUSE,
UDAYAMPEROOR P.O., THRIPUNITHURA,
ERNAKULAM DISTRICT – 682 307.
BY ADVS.
SRI.RAAJESH S.SUBRAHMANIAN
SRI.V.R.RAJESH
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI,
ERNAKULAM – 682 031.
2 LAKSHMIDEVI S.
AGED 33 YEARS, D/O.T.SETHNATHAN, AALAAP,
MANGALATH ROAD, KEDAMANGALAM, NORTH PARAVUR P.O.,
ERNAKULAM DISTRICT – 683 513.
CRL.MC:8159/18 2
BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
OTHER PRESENT:
SRI.T.R.RENJITH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:8159/18 3
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.1113 of 2015 on the file of the Judicial Magistrate of First
Class-I, North Paravur. The 1st petitioner herein is the husband of
the 2nd respondent and the petitioners 2 and 3 are the relatives of
the 1st petitioner. They are being proceeded against for having
committed offence punishable under Sections 498A, 406, 506(ii),
r/w. Section 34 of the IPC.
3. The instant petition 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 terminating the
proceedings as it involves no public interest.
CRL.MC:8159/18 4
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 view that this Court will be well justified in invoking
its extraordinary powers under Section 482 of the Code to quash the
proceedings.
In the result, this petition will stand allowed. Annexure-
CRL.MC:8159/18 5
A1 final report and all proceedings pursuant thereto against the
petitioners now pending as C.C.No.1113 of 2015 on the file of the
Judicial Magistrate of First Class-I, North Paravur are quashed.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
krj
//TRUE COPY// P.A.TO JUDGE
CRL.MC:8159/18 6
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY FINAL REPORT IN CRIME
NO.158/2015 DATED 24/08/2015 PENDING AS
CC NO.1113/2015 OF JFCM-I, NORTH PARAVUR.
ANNEXURE A2 AFFIDAVIT DATED 26/10/2018 SWORN BY THE
2ND RESPONDENT.
