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Sahadevan vs State Of Kerala on 14 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/S:

SAHADEVAN,
AGED 57 YEARS
S/O. GOVINDAN, OLIPPARAMBIL THEKKUMBHAGAM KARA,
TRIPUNITHURA, ERNAKULAM – 682301.

BY ADV. SRI.P.B.AJOY

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SHO OF KUMBLA POLICE STATION,
KASARAGOD DISTRICT THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2 RAJI,
AGED 49 YEARS, W/O. SAHADEVEN, OLIPARAMBIL HOUSE,
THEKKUMBHAGAM KARA, TRIPUNITHURA, ERNAKULAM – 682301.

BY ADV. SRI.S.SREEKUMAR(NORTH PARAVUR)

OTHER PRESENT:
SRI.T.R.RENJITH, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC:8195/2018 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

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
Crl.MC:8195/2018 3

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
Crl.MC:8195/2018 4

proceedings.

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.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
PS
//TRUE COPY// P.A.TO JUDGE
Crl.MC:8195/2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

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
CHILDREN), ERNAKULAM.

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.

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