IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940
Crl.MC.No. 8587 of 2018
AGAINST THE PROCEEDINGS IN CC NO.80/2014 ON THE FILES OF THE
JUDICIAL MAGISTRATE OF FIRST CLASS, VARKALA
CRIME NO.695/2013 OF KADAKKAVOOR POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 TO 5:
1 SETHU LAWRENCE, AGED 37 YEARS,
S/O. LAWRENCE, SSA VILLA, FISHERMEN COLONY,
THANNI, KOLLAM-691 303
2 LINNA, C/O. TITUS,
FISHERMEN COLONY, TANNI, KOLLAM-691 303
3 STALIN, S/O. LAWRENCE,
FISHERMEN COLONY, THANNI, KOLLAM-691 303
4 ANITHA, D/O. LAWRENCE,
FISHERMEN COLONY, THANNI, KOLLAM-691 303
5 JOHNSON, C/O. ANITHA,
FISHERMEN COLONY, THANNI, KOLLAM-691 303
BY ADV. SRI.R.RAJESH(PULLIKADA)
RESPONDENTS/STATE DE FACTO COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA, ERNAKULAM.
2 VIMALA, D/O. ANTONY,
VADATHAZHI, SHALOM BHAVAN,
KADAKKAVOOR DESOM, KADAKKAVOOR VILLAGE,
THIRUVANANTHAPURAM- 695 309
BY ADV. SRI.ANAND B. MENON
R1 BY PUBLIC PROSECUTOR SRI. T. R. RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:8587/2018 2
ORDER
This petition is filed under Section 482 of the Code of
Criminal Procedure with a prayer to quash the proceedings
pending against the petitioners.
2. The 1st petitioner herein is the husband of the 2 nd
respondent and petitioners 2 to 5 are his parents and near
relatives. They are being proceeded against for having committed
offence punishable under Section 498A r/w. Section 34 of the IPC.
The prosecution allegation is that the petitioners have subjected
the 2nd respondent to matrimonial cruelty.
3. The learned counsel appearing for the petitioners
submitted that at the instance of well wishers and family
members, the parties have decided to put an end to their discord.
It is urged that the dispute is purely private in nature.
4. The learned counsel appearing for the 2nd respondent,
invited the attention of this Court to the affidavit filed by her and
asserts that the disputes inter se have been settled and the
continuance of criminal proceedings will only result in gross
CRL.MC:8587/2018 3
inconvenience and hardship. It is submitted that the 2 nd
respondent has no objection in allowing the prayer sought for.
5. The learned Public Prosecutor after getting instructions
has submitted that the statement of the 2 nd respondent has been
recorded and she has stated in unequivocal terms that the
settlement arrived at is genuine.
6. I have considered the submissions advanced and have
perused the materials on record.
7. 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
CRL.MC:8587/2018 4
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.
8. 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-A2
final report and all proceedings pursuant thereto against the
petitioners in C.C. No.80 of 2014 on the files of the Judicial First
Class Magistrate Court-I, Varkala are quashed.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
//TRUE COPY// P.A TO JUDGE
krj
CRL.MC:8587/2018 5
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF F.I.R NO. 695/13 OF
KADAKKAVOOR POLICE STATION.
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT FILED IN
CRIME NO. 695/2013 OF KADAKKAVOOR POLICE
STATION.
ANNEXURE A3 THE TRUE COPY OF THE MEMORANDUM OF
AGREEMENT DATED 10.10.2018
ANNEXURE A4 AFFIDAVIT.