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Robin Thomas vs State Of Kerala on 5 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY ,THE 05TH DAY OF FEBRUARY 2019 / 16TH MAGHA, 1940

Crl.MC.No. 9068 of 2016

CC 1857/2014 of JUDICIAL MAGISTRATE OF FIRST CLASS -I,
KANJIRAPPALLY

CRIME NO. 350/2014 OF PALLIKKATHODE POLICE STATION, KOTTAYAM

PETITIONERS/ACCUSED 1 TO 4:

1 ROBIN THOMAS,
AGED 38 YEARS, S/O K.J. THOMAS,KOCHUKAROTTU HOUSE,
POOVATHILAPPU KARA,AKALAKUNNAM VILLAGE, KOTTAYAM.

2 K.J.THOMAS,
AGED 68 YEARS, S/O JOSEPH,KOCHUKAROTTU HOUSE,
POOVATHILAPPU KARA,AKALAKUNNAM VILLAGE, KOTTAYAM.

3 LUSY, AGED 63 YEARS,
W/O K.J. THOMAS,KOCHUKAROTTU HOUSE, POOAVTHILAPPU
KARA,AKALAKUNNA VILLAGE, KOTTAYAM.

4 JUBIN THOMAS,
AGED 28 YEARS, S/O K.J THOMAS,KOCHUKAROTTU HOUSE,
POOVATHILAPPU KARA,AKALAKUNNAM VILLAGE, KOTTAYAM.

BY ADV. SRI.THOMAS ABRAHAM (NILACKAPPILLIL)

RESPONDENTS/STATE DE FACTO COMPLAINANT:

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

2 SHONA N.JOSE,
AGED 34 YEARS, W/O ROBIN, KOCHUKAROTTU HOUSE,
POOVATHILAPPU KARA,AKALAKUNNAM VILLAGE,
KOTTAYAM.

BY ADV. SRI.S.ABHILASH VISHNU

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 9068 of 2016 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.1857 of 2014 on the file of the Judicial First Class Magistrate-I,

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

respondent and the petitioners 2 to 4 are his near relatives. They are

being proceeded against for having committed offence punishable

under Section 498A, 406 r/w. Section 34 of the IPC.

3. The instant petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 2nd

respondent has filed Annexure-8 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 2 nd respondent has been recorded

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

involves no public interest.

Crl.MC.No. 9068 of 2016 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.

7. 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. 9068 of 2016 4

In the result, this petition will stand allowed. Annexure-1

charge sheet and all proceedings pursuant thereto against the

petitioners in C.C.No.1857 of 2014 on the file of the Judicial First Class

Magistrate Court-I, Kanjirappally are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
Crl.MC.No. 9068 of 2016 5

APPENDIX OF Crl.MC 9068/2016
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 CERTIFIED COPY OF THE CHARGE SHEET IN CC
NO.1857/2014 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT NO.1, KANJIRAPPALLY.

ANNEXURE 2 TRUE COPY OF THE FIR IN CRIME NO.350/2014
OF PALLIKKATHODE POLICE STATION.

ANNEXURE 3 TRUE COPY OF THE STATEMENT OF CW2 LUSIAMMA
JOSE UNDER SECTION 162 CR.P.C.

ANNEXURE 4 TRUE COPY OF THE STATEMENT OF CW3 UNDER
SECTION 162 CR.P.C.

ANNEXURE 5 TRUE COPY OF THE STATEMENT OF CW4, M.J.

JOSE UNDER SECTION 162 CR.P.C.

ANNEXURE 6 TRUE COPY OF THE ADDITIONAL STATEMENT GIVEN
BY THE DEFACTO COMPLAINANT BEFORE THE
INVESTIGATING OFFICER UNDER SECTION 162.

ANNEXURE 7 CERTIFIED COPY OF THE JUDGMENT DATED
13.04.2018 IN C.C.NO.NO.1857/2014 ON THE
FILES OF COURT OF JUDICIAL FIRST CLASS
MAGISTRATE-1, KANJIRAPPALLY.

ANNEXURE 8 ORIGINAL AFFIDAVIT DATED 10.09.2018
EXECUTED BY THE 2ND RESPONDENT/ DE FACTO
COMPLAINANT IN C.C.NO.1857/2014 ON THE
FILES OF COURT OF JUDICIAL FIRST CLASS
MAGISTRATE-1, KANJIRAPPALLY.

RESPONDENTS’EXHIBITS:

NIL

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