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Manu Mohan vs State Of Kerala on 4 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

Crl.MC.No. 567 of 2019

IN CC 1268/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I,
KANJIRAPPALLY

CRIME NO.780/2018 OF Pallikkathode Police Station, Kottayam

PETITIONERS/ACCUSED Nos 1 TO 3:

1 MANU MOHAN, AGED 32 YEARS,
S/O.V.K.MOHANA, VADUTHALAKARA HOUSE,
ANIKADU.P.O., KOTTAYAM DIST.

2 V.K.MOHANAN, AGED 68 YEARS,
S/O.KUTTAPPAN ACHARI, VADUTHALAKARA HOUSE,
ANIKADU.P.O., KOTTAYAM DISTRICT.

3 SUKUMARI MOHANAN, AGED 62 YEARS,
W/O.V.K.MOHANA, VADUTHALAKARA HOUSE,
ANIKADU.P.O., KOTTAYAM DIST.

BY ADVS.
SRI.JINU JOSEPH
SRI.N.REGHUNATH

RESPONDENTS/COMPLAINANTS:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 DHANASREE E.G., AGED 23 YEARS,
D/O.GOPALAKRISHNAN, ELAMPURAYIDATHIL HOUSE,
POOTHAKKUZHY.P.O, PAMPADY, KOTTAYAM-686521.

BY ADV. SRI.P.K.MOHAMED JAMEEL
SRI T. R. RENJITH PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 567 of 2019

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.

1268 of 2018 on the file of the Judicial Magistrate of First Class-I,

Kanjirappally. The 1st petitioner herein is the husband of the 2nd

respondent. The petitioners 2 and 3 are his parents. They are being

proceeded against for having committed offence punishable under

Section 498A r/w. Section 34 of the IPC.

3. The prosecution allegation is that the petitioners subjected

the 2nd respondent to matrimonial cruelty demanding dowry.

4. This 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.

5. The learned Public Prosecutor has obtained instructions. He

submitted that the statement of the 2 nd respondent has been recorded
Crl.MC.No. 567 of 2019

3

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

involves no public interest.

6. I have considered the submissions advanced.

7. 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.

8. Having considered all the relevant circumstances, I am of

the considered view that this Court will be well justified in invoking its
Crl.MC.No. 567 of 2019

4

extraordinary powers under Section 482 of the Code to quash the

proceedings.

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.1268 of 2018 on the file of the Judicial First

Class Magistrate Court-I, Kanjirappally are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

//TRUE COPY// P.A TO JUDGE

avs
Crl.MC.No. 567 of 2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIM
ENO.780/2018 OF PALLIKATHODU POLICE
STATION.

ANNEXURE A2 THE TRUE COPY OF THE AGREEMENT EXECUTED
BETWEEN THE PETITIONERS AND 2ND RESPONDENT
IN MEDIATION.

ANNEXURE A3 ORIGINAL COPY OF THE AFFIDAVIT OF 2ND
RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

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