IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY ,THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940
Crl.MC.No. 8195 of 2018
AGAINST THE ORDER/JUDGMENT IN SC 51/2018 of ADDL.DC SESSIONS
COURT (VIOLENCE AGAINST WOMEN CHILDREN)
CRIME NO. 2343/2016 OF Hill Palace Police Station , Ernakulam
AGED 57 YEARS
S/O. GOVINDAN, OLIPPARAMBIL THEKKUMBHAGAM KARA,
TRIPUNITHURA, ERNAKULAM – 682301.
BY ADV. SRI.P.B.AJOY
1 STATE OF KERALA
REPRESENTED BY SHO OF KUMBLA POLICE STATION,
KASARAGOD DISTRICT THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
AGED 49 YEARS, W/O. SAHADEVEN, OLIPARAMBIL HOUSE,
THEKKUMBHAGAM KARA, TRIPUNITHURA, ERNAKULAM – 682301.
BY ADV. SRI.S.SREEKUMAR(NORTH PARAVUR)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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
S.C.No.51 of 2018 on the file of the Additional Sessions Court (for
trial of cases relating to Atrocities and Sexual Violence against
Women and Children), Ernakulam. The petitioner herein is the
husband of the 2nd respondent. He is being proceeded against for
having committed offence punishable under Sections 308, 324 and
498A 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 an affidavit stating that she does not wish to
continue with the prosecution proceedings against the petitioners.
In the course of proceedings, it appears that the disputes were
settled and the parties started living together with their children.
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.
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
In the result, this petition will stand allowed. Annexure-A2 final
report and all proceedings pursuant thereto against the petitioner
now pending as S.C.No.51 of 2018 on the files of the Additional
Sessions Court (for trial of cases relating to Atrocities and Sexual
Violence against Women and Children), Ernakulam are quashed.
RAJA VIJAYARAGHAVAN V.,
//TRUE COPY// P.A.TO JUDGE
ANNEXURE-A1 THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT IN CRIME NO.2343/2016
OF HILL PALACE POLICE STATION ON THE FILE
OF THE ADDITIONAL SESSIONS COURT (FOR
TRIAL OF CASES RELATING TO ATROCITIES AND
SEXUAL VIOLENCE AGAINST WOMEN AND
ANNEXURE-A2 THE CERTIFIED COPY OF THE CHARGE SHEET IN
SC NO.51/2018 ON THE FILE OF THE
ADDITIONAL SESSIONS COURT (FOR TRIAL OF
CASES RELATING TO ATROCITIES AND SEXUAL
VIOLENCE AGAINST WOMEN AND CHILDREN),
ERNAKULAM.IN CRIME NO.2343/2016 OF HILL
PALACE POLICE STATION.
ANNEXURE-A3 ORIGINAL AFFIDAVIT DATED 23/11/2018 SWORN
BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.