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Satheesh Unnikrishnan vs State Of Kerala on 26 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

Crl.MC.No. 1009 of 2019

CRIME NO. 532/2016 OF Hosdurg Police Station, Kasargod

PETITIONER/ACCUSED:

1 SATHEESH UNNIKRISHNAN,
AGED 43 YEARS,
S/O. N. UNNIKRISHNAN, SUKRITAM, ST. VINCENT COLANY P.O,
KOZHIKODE, KOZHIKODE, KOZHIKODE D.T.

2 N. UNNIKRISHNAN,
AGED 73 YEARS,
S/O. SANKARAN NAIR,
SUKRITAM, ST. VINCENT COLANY P.O, KOZHIKODE, KOZHIKODE,
KOZHIKODE D.T.

3 RAMA UNNIKRISHNAN,
AGED 65 YEARS,
W/O. UNNIKRISHNAN, SUKRITAM, ST. VINCENT COLANY P.O, KOZHIKODE,
KOZHIKODE, KOZHIKODE D.T.

4 SATHYAPAL UNNIKRISHNAN,
AGED 45 YEARS,
S/O. N. UNNIKRISHNAN, SUKRITAM, ST. VINCENT COLANY P.O,
KOZHIKODE, KOZHIKODE, KOZHIKODE D.T.

BY ADVS.
SRI.T.B.SHAJIMON
SMT.GOVINDU P.RENUKADEVI

RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:

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

2 DEEPTHI,
AGED 39 YEARS,
D/O KNT NAMBIAR, HILL VIEW, R/AT NEILIKKATA P.O, BALLA, HOSDURG
TALUK, KASARAGOD, KERALA, INDIA.

R2 BY ADV. SRI.LOHITHAKSHAN CHATHADI KANNOTH

R1 BY SRI. T R RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26.02.2019, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1009 of 2019 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure.

2. The 2nd respondent is the de facto complainant in

C.C.No.2187 of 2017 on the file of the Judicial Magistrate of First

Class-I, Hosdurg. The 1st petitioner is the husband of the 2nd

respondent and petitioners 2 to 4 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 seeking 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 2nd 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.
Crl.MC.No. 1009 of 2019 3

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-A1 final report and all proceedings pursuant thereto
Crl.MC.No. 1009 of 2019 4

against the petitioners now pending as C.C.No.2187 of 2017 on

the file of the Judicial Magistrate of First Class-I, Hosdurg are

quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

//TRUE COPY// P.A.TO JDUGE

DSV/27.2.19
Crl.MC.No. 1009 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE COPY OF THE FINAL REPORT.

ANNEXURE A2 THE COPY OF THE AFFIDAVIT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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