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Manesh K.B. vs State Of Kerala on 7 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940

Crl.MC.No. 882 of 2014

CC 1004/2012 of JUDICIAL MAGISTRATE OF FIRST CLASS, THIRUVALLA

CRIME NO. 73/2012 OF Keezhvaipur Police Station, Pathanamthitta

PETITIONERS/ACCUSED:

1 MANESH K.B., AGED 37 YEARS.
S/O.BABURAJ, KALARICKAL HOUSE, VALLAMALA, KUNNAMTHANAM.

2 BABURAJ, AGED 67 YEARS,
KALARICKAL HOUSE, VALLAMALA, KUNNAMTHANAM.

3 MAYA, AGED 35 YEARS,
D/O.BABURAJ W/O.SAJI, KALARICKAL HOUSE, VALLAMALA,
KUNNAMTHANAM.

4 SAJI, AGED 38 YEARS,
KALARICKAL HOUSE, VALLAMALA, KUNNAMTHANAM.

BY ADVS.
SRI.S.RAJEEV
SRI.D.FEROZE
K.ANAND
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY

RESPONDENTS/STATE:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.73 OF 2012 OF
KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT).

2 MANUMOL, AGED 28 YEARS,
D/O.K.K.SUDHAN, MADUKANIL HOUSE, PUMMATTOM,
PUTHUPPALLY VILLAGE, KOTTAYAM DISTRICT-686 011.

R2 BY ADV. SRI.VINOD KUMAR.C
R1 BY SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07.02.2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 882 of 2014 2

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.1004 of 2012 on the file of the Judicial Magistrate of First

Class, Thiruvalla. The 1st petitioner herein is the husband of the de

facto complainant and the petitioners 2 to 4 are his near relatives. In

the aforesaid case, they are being proceeded against for having

committed offence punishable under Sections 498A and 494 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 2nd respondent has been recorded

and the State has no objection in terminating the proceedings as it

involves no public interest.

Crl.MC.No. 882 of 2014 3

5. I have considered the submissions advanced and have

perused the materials on record.

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.
Crl.MC.No. 882 of 2014 4

In the result, this petition will stand allowed. Annexure-2

final report and all proceedings pursuant thereto against the

petitioners now pending as C.C.No.1004 of 2012 on the file of the

Judicial Magistrate of First Class, Thiruvalla are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

DSV/11.2.19 //TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 882 of 2014 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 CERTIFIED COPY OF THE FIR IN CRIME NO.73
OF 2012 OF KEEZHVAIPUR POLICE STATION.

ANNEXURE 2 CERTIFIED COPY OF THE FINAL REPORT FILED
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, THIRUVALLA

ANNEXURE III NOTARISED AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DATED 28.08.2018.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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