IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 17TH DAY OF DECEMBER 2018 / 26TH AGRAHAYANA, 1940
Crl.MC.No. 8212 of 2018
CC 813/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,
NEDUMANGAD
CRIME NO. 1158/2012 OF VATTIYOORKAVU POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED:
1 MAHESH MOHANAN,
AGED 38 YEARS,
S/O. MOHANAN,
RESIDING AT GOURI NANDANAM, SRA-13 MAMBAZHAKUNNU
CHERUPALOD, PEROORKADA VILLAGE,
NETTAYAM TALUK, THIRUVANANTHAPURAM.
2 SHAILAJA,
AGED 58 YEARS,
D/O. AMMUKUTTY,
RESIDING AT GOURI NANDANAM, SRA-13, MAMBAZHAKUNNU
CHERUPALOD, PEROORKADA VILLAGE,
NETTAYAM TALUK, THIRUVANANTHAPURAM.
3 MOHANAN,
AGED 66 YEARS,
S/O. NEELAKANDAN,
RESIDING AT GOURI NANDANAM, SRA-13, MAMBAZHAKUNNU
CHERUPALOD, PEROORKADA VILLAGE,
NETTAYAM TALUK, THIRUVANANTHAPURAM.
4 SUMESH,
AGED 34 YEARS,
S/O. MOHANAN,
RESIDING AT GOURI NANDANAM, SRA-13, MAMBAZHAKUNNU
CHERUPALOD, PEROORKADA VILLAGE,
NETTAYAM TALUK, THIRUVANANTHAPURAM.
BY ADVS.
SRI.M.H.ASIF ALI
SMT.APARNA SUKUMARAN
Crl.MC.No. 8212 of 2018 2
RESPONDENTS/STATE, COMPLAINANT INJURED:
1 STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE, VATTIYOORKAVE
POLICE STATION, (CRIME NO. 1158/2012), VATTIYOORKAVU,
THIRUVANANTHAPURAM DISTRICT REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 KRISHNAKUMARI,
AGED 36 YEARS,
D/O. K.J. JANARDHANAN,
RESIDING AT RAKKONATHUKEEZHE PUTHEN VEEDU,
PEYAD P.O., VILAPPILSALA VILLAGE, THIRUVANANTHAPURAM
695573.
R1 BY SENIOR PUBLIC PROSECUTOR SRI.AMJAD ALI
R2 BY BY ADV. ARUN CHANDRAN A.K.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8212 of 2018 3
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 2nd respondent is the de facto complainant in
C.C.No.813 of 2013 on the file of the Judicial First Class Magistrate
Court-II, Nedumangad. The 1st petitioner is the husband of the 2 nd
respondent and petitioners 2 to 4 are his near relatives. They are
proceeded against for having committed offences punishable under
Section 498A r/w. Section 34 of the IPC.
3. The instant proceeding is initiated 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 submits 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.No. 8212 of 2018 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 extra ordinary powers under Section 482
of the Code to quash the proceedings.
Crl.MC.No. 8212 of 2018 5
In the result, this petition will stand allowed. Annexure-A1
final report and all proceedings pursuant thereto against the
petitioners now pending as C.C.No.813 of 2013 on the file of the
Judicial First Class Magistrate Court-II, Nedumangad are quashed.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/- //TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 8212 of 2018 6
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CC NO.
813/2013 ON THE FILE OF THE HONBLE JUDICIAL
FIRST CLASS MAGISTRATE COURT-11, NEDUMANGAD
WHICH AROSE FROM CRIME NO. 1158/2012 OF
VATTIYOORKAVU POLICES STATION,
THIRUVANANTHAPURAM.
ANNEXURE A2 THE AFFIDAVIT DT. 25.10.2018 SWORN BY THE
2ND RESPONDENT ATTESTED BY NOTARY
RESPONDENT’S/S EXHIBITS:
NIL
//TRUE COPY//
P.A.TO JUDGE