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Shabin vs Chinchu on 23 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940

Crl.MC.No. 96 of 2019

CC 90/2016 of J.M.F.C.-I,VARKALA

CRIME NO.1698/2015 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM

PETITIONERS/ACCUSED 1 TO 3:

1 SHABIN, AGED 33 YEARS
S/O.SHAJI, SHABIN LAND, NEAR S.N.COLLEGE,
SREENIVASAPURAM, VARKALA, THIRUVANANTHAPURAM.

2 BEENA ROY, AGED 52 YEARS
D/O.DEVAKI, SHABIN LAND, NEAR S.N.COLLEGE,
SREENIVASAPURAM, VARKALA, THIRUVANANTHAPURAM.

3 SHAJI, AGED 59 YEARS
S/O.BHASKARAN, SHABIN LAND, NEAR S.N.COLLEGE,
SREENIVASAPURAM, VARKALA, THIRUVANANTHAPURAM.

BY ADV. SRI.LIJU. M.P

RESPONDENTS/DE FACTO COMPLAINANT STATE:

1 CHINCHU, AGED 28 YEARS
D/O.SATHYAPALAN, CHINCHUBHAVAN, KALLAMBALAM,
NAVAYIKULAM, THIRUVANANTHAPURAM- 695605.

2 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682031.

BY ADV. SRI.VINOD KUMAR.C

SRI. B. JAYASURYA PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 96 of 2019 2

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (“the Code” for brevity).

2. The 1st respondent is the de facto complainant in C.C. No.90

of 2016 on the file of the Judicial First Class Magistrate Court-I,

Varkala. The 1st petitioner is the husband of the de facto complainant.

The petitioners 2 and 3 are the parents of the 1 st petitioner. They are

being proceeded against for having committed offence punishable

under Section 498A r/w. Section 34 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 1st

respondent has filed Annexure-B 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 1 st respondent has been recorded

and the State has no objection in terminating the proceedings as it

involves no public interest.

Crl.MC.No. 96 of 2019 3

5. I have considered the submissions advanced and have

perused the materials on record.

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

extraordinary powers under Section 482 of the Code to quash the

proceedings.

Crl.MC.No. 96 of 2019 4

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.90 of 2016 on the file of the Judicial First Class

Magistrate Court-I, Varkala are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE
IAP
Crl.MC.No. 96 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1698/2015 OF VARKALA POLICE STATION,
THIRUVANANTHAPURAM.

ANNEXURE B ORIGINAL OF THE AFFIDAVIT DATED 26.12.2018
EXECUTED BY THE 1ST RESPONDENT/DEFACTO
COMPLAINANT.

RESPONDENTS’ EXHIBITS:

NIL

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