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Sajikumar vs The State Of Kerala on 20 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940

Crl.MC.No. 790 of 2019

CC 48/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS, NEYYATTINKARA
(TEMPORARY)

CRIME NO. 103/2018 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM

PETITIONERS/ACCUSED NO. 1 TO 4:

1 SAJIKUMAR, AGED 33 YEARS,
S/O SADANANDAN, SAJI NIVAS, SATHYAN NAGAR,
NEMOM VILLAGE, THIRUVANANTHAPURAM.

2 SANDHYA, AGED 30 YEARS,
D/O JAYAKUMARI, SAJI NIVAS, SATHYAN NAGAR,
NEMOM VILLAGE, THIRUVANANTHAPURAM.

3 JAYAKUMARI, W/O. SADANANDAN,
AGED 55 YEARS
SAJI NIVAS, SATHYAN NAGAR, NEMOM VILLAGE,
THIRUVANANTHAPURAM.

4 SADANANDAN, AGED 60 YEARS,
S/O.CHELLAPPAN, SAJI NIVAS, SATHYAN NAGAR,
NEMOM VILLAGE,THIRUVANANTHAPURAM.

BY ADV. SRI.S.MOHAMMED AL RAFI

RESPONDENT/COMPLAINANT:

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

2 DEEPA RAJENDRAN,
D/O LITTLE BAI, AGED 28 YEARS,
DRISHYA BHAVAN, THOTTATHUVILAKOM,
THENNORKONAM,MUKKOLA.P.O,
VIZHINJAM VILLAGE,THIRUVANANTHAPURAM-695015.
Crl.MC.No. 790 of 2019 2

R2 BY ADV. SRI.AJITH KRISHNAN

SRI. AMJAD ALI SR. PP.

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
20.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 790 of 2019 3

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.48 of 2019 on the file of the Temporary Judicial First Class

Magistrate Court, Neyyattinkara. The 1st petitioner herein is the

husband of the 2nd respondent and the petitioners 2 to 4 are his near

relatives. They are being proceeded against for having committed

offence punishable under Sections 498A, 323, 324 and 506 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 2nd respondent has

filed an 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
Crl.MC.No. 790 of 2019 4

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.

7. Having considered all the relevant circumstances, I am of

the considered view that this Court will be well justified in invoking its
Crl.MC.No. 790 of 2019 5

extraordinary powers under Section 482 of the Code to quash the

proceedings.

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

report and all proceedings pursuant thereto against the petitioners

now pending as C.C.No.48 of 2019 on the file of the Temporary court

of the Judicial Magistrate of the First Class, Neyyattinkara are

quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE
IAP
Crl.MC.No. 790 of 2019 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME
NO.103/18 OF VIZHINJAM POLICE STATION.

ANNEXURE B NOTARISED AFFIDAVIT SWORN BY 2ND
RESPONDENT.

RESPONDENTS’ EXHIBITS:

NIL

//TRUE COPY//

P.A TO JUDGE

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