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Nisha K.P. vs Suresh K.S on 26 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

Crl.MC.No. 1299 of 2019

CRIME NO. 390/2018 OF THOTTILPALAM POLICE STATION, Kozhikode

PETITIONER/DE FACTO COMPLAINANT:

NISHA K.P., AGED 29 YEARS,
D/O.ASHOKAN, KINARULLAPARAMBATH HOUSE,
NEDUMANNUR.P.O., KAKKATTIL VIA, KAYAKKODY,
KUNNUMMAL, THOTTILPALAM, KOZHIKODE, PIN-673502.

BY ADV. SRI.E.NARAYANAN

RESPONDENTS/ACCUSED NOS.1 AND 2 STATE:

1 SURESH K.S.,
S/O.SANKARAN, AGED 39, KALARIKKANDY HOUSE,
MOYILOTHARA POST, MARUTHONKARA, KUNNUMMAL,
THOTTILPALAM, KOZHIKODE, PIN-673507.

2 SANKARAN,
S/O.CHOYI, KALARIKKANDY HOUSE, MOYILOTHARA POST,
MARUTHONKARA, KUNNUMMAL, THOTTILPALAM, KOZHIKODE,
PIN-673507.

3 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA-31.

R1 R2 BY ADV. SMT.S.SMITHA (PARAKKAL)
R3 SRI T R RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1299 of 2019 2

ORDER

This petition is filed under Section 482 of the Cr.P.C.

2. The petitioner is the de facto complainant in Crime

No.390 of 2018 of the Thottilpalam Police Station. The

respondents 1 and 2 are the husband and father-in-law of the

petitioner. The aforesaid crime was registered at the instance of

the petitioner against the respondents 1 and 2 alleging offence

punishable under Sections 498A and 406 read with Section 34 of

the IPC.

3. This petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The

petitioner has filed an affidavit stating that she is not desirous of

prosecuting her husband and the father-in-law.

4. The learned Public Prosecutor has obtained instructions.

He submitted that the statement of the petitioner has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.

5. I have considered the submissions advanced.
Crl.MC.No. 1299 of 2019 3

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-A1 FIR in Crime No.390 of 2018 of the Thottilpalam
Crl.MC.No. 1299 of 2019 4

Police Station and all proceedings pursuant thereto against

respondent Nos.1 and 2 are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

DSV/ //TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 1299 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF FIR FILED BY THE

THOTTILPALAM POLICE BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, NADAPURAM.

ANNEXURE A2 ORIGINAL AFFIDAVIT SWORN BY THE PETITIONER.

ANNEXURE A3 ORIGINAL AFFIDAVIT SWORN BY THE 1ST
RESPONDENT.

ANNEXURE A4 ORIGINAL AFFIDAVIT SWORN BY THE 2ND
RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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