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Ratheesh vs State Of Kerala on 27 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 27TH DAY OF FEBRUARY 2019 / 8TH PHALGUNA, 1940

Crl.MC.No. 707 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 1096/2016 of JUDICIAL MAGISTRATE
OF FIRST CLASS -I, ALAPPUZHA

CRIME NO. 926/2016 OF Kareelakulangara Police Station, Alappuzha

PETITIONERS/ACCUSED:

1 RATHEESH, AGED 35 YEARS,
S/O RAVEENDRAN NAIR, AMBADIYIL VEEDU,
RAMAPURAM MURI, RAMAPURAM, KAREELAKULANGARA,
ALAPPUZHA DISTRICT-690 572.

2 PUSHPAKUMARI, AGED 57 YEARS,
S/O RAVEENDRAN NAIR, AMBADIYIL VEEDU,
RAMAPURAM MURI, RAMAPURAM, KAREELAKULANGARA,
ALAPPUZHA DISTRICT-690 572.

3 RAVEENDRAN NAIR, AGED 65 YEARS,
AMBADIYIL VEEDU, RAMAPURAM MURI, RAMAPURAM,
KAREELAKULANGARA, ALAPPUZHA DISTRICT-690 572.

BY ADV. SRI.TONY THOMAS (INCHIPARAMBIL)

RESPONDENTS/DE FACTO COMPLAINANT/CO INJURED:

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

2 THE SUB INSPECTOR OF POLICE,
KAREELAKULANGARA, POLICE STATION, ALAPPUZHA.

3 NEELIMA, D/O. MADHAVAN NAIR,
ATHRIRA, MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE,
KARTHIKAPPALLY TALUK, ALAPPUZHA-690 506.

BY PUBLIC PROSECUTOR SRI. T. R. RENJITH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 707 of 2019

2

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (‘the Code” for brevity).

2. The 3rd respondent is the de facto complainant in C.C.No.

1096 of 2016 on the file of the Judicial Magistrate of First Class-I,

Harippad. The 1st petitioner is the husband of the 3rd respondent and

petitioners 2 and 3 are his near relatives. They are being proceeded

against for having committed offence punishable under Section 498A

r/w. 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 3rd respondent has

filed 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 3rd respondent has been recorded

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

involves no public interest.

Crl.MC.No. 707 of 2019

3

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-II final

report and all proceedings pursuant thereto against the petitioners
Crl.MC.No. 707 of 2019

4

now pending as C.C.No.1096 of 2016 on the file of the Judicial First

Class Magistrate Court-I, Harippad are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

AVS //TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 707 of 2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A-I A TRUE COPY OF THE FIRST INFORMATION REPORT
DATED ON 20.8.2016.

ANNEXURE A-II TRUE COPY OF THE FINAL REPORT DATED
29.10.2016.

ANNEXURE A-III TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD
RESPONDENT/DE FACTO COMPLAINANT.

RESPONDENT’S/S EXHIBITS:

NIL

avs //TRUE COPY// P.A TO JUDGE

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