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
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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
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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
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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
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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