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Jayakumar S. vs State Of Kerala on 14 December, 2018

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.

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