IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940
Crl.MC.No. 6593 of 2018
CRIME NO. 317/2018 OF VATTAPPARA POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED 1 TO 4:
1 SHIBIN, AGED 30 YEARS,
S/O. DHARMADAS, DAS COTTAGE,
MANGARATH PUTHEN VEEDU, CHITTAZHA WARD,
KARAKULAM PANCHAYAT,
NEDUMANGADU TALUK, THIRUVANANTHAPURAM
2 SIBIN, AGED 26 YEARS
S/O. DHARMADAS, DAS COTTAGE,
MANGARATH PUTHEN VEEDU, CHITTAZHA WARD,
KARAKULAM PANCHAYAT,
NEDUMANGADU TALUK, THIRUVANANTHAPURAM.
3 SHEELAKUMARI, AGED 49 YEARS
W/O. DHARMADAS, DAS COTTAGE, MANGARATH PUTHEN VEEDU,
CHITTAZHA WARD, KARAKULAM PANCHAYAT, NEDUMANGADU
TALUK, THIRUVANANTHAPURAM.
4 DHARMADAS, AGED 61 YEARS,
S/O.SELVANOSE, DAS COTTAGE, MANGARATH PUTHEN VEEDU,
CHITTAZHA WARD, KARAKULAM PANCHAYAT,
NEDUMANGADU TALUK, THIRUVANANTHAPURAM.
BY ADV. SRI.G.SUDHEER
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI – 682 031
2 AINGEL
D/O. EBANEEZER, AGED 24 YEARS,
YOGESH BHAVAN, CHEMBAMAN, KATTAKKAD, PIRAYIL,
PEYADU.P.O., THIRUVANANTHAPURAM TALUK.
Crl.MC.No. 6593 of 2018 2
BY ADV. SRI.S.K.VINOD
SRI C K PRASAD PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6593 of 2018 3
ORDER
This petition is filed under Section 482 of the Code of Criminal
Procedure (‘the Code” for brevity) with a prayer to quash the
proceedings pending against the petitioners.
2. The 2nd respondent is the wife of the 1 st petitioner. The
petitioners 2 to 4 are the family members. The marriage between
them was solemnized on 17.03.2018. In the course of their
connubial relationship, serious disputes cropped up. The 2 nd
respondent specifically alleges that the petitioners are guilty of
culpable matrimonial cruelty. This finally led to the institution of
criminal proceedings at the instance of the 2 nd respondent. FIR was
registered as Crime No.317 of 2018 of the Vattappara Police Station
alleging offence punishable under Sections 498A, 323, 354, 376 r/w
Section 34 of the IPC.
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 and have
decided to live in peace. It is urged that the dispute is purely
Crl.MC.No. 6593 of 2018 4
private in nature. The learned counsel appearing for the 2 nd
respondent, invited the attention of this Court to the affidavit,
Annexure-C, filed by her and asserts that the disputes inter se have
been settled and the continuance of criminal proceedings will only
result in gross inconvenience and hardship. It is submitted that the
2nd respondent has no objection in allowing the prayer sought for.
4. The learned Public Prosecutor after getting instructions
has submitted that the statement of the 2nd respondent has been
recorded and she has stated in unequivocal terms that the
settlement arrived at is genuine.
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
Crl.MC.No. 6593 of 2018 5
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 extra ordinary powers under Section 482 of the Code to quash
the proceedings.
In the result, this petition will stand allowed. Annexure-A
FIR in Crime No.317 of 2018 of Vattappara Police Station and all
proceedings pursuant thereto against the petitioner are quashed.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
Crl.MC.No. 6593 of 2018 6
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A ATTESTED COPY OF FIR IN CRIME NO.317/2018
DATED 24.3.2018 OF VATTAPPARA POLICE
STATION.
ANNEXURE B COPY OF COMPLAINT FILED BY THE 2ND
RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, NEDUMANGADU,
DATED 23.3.2018.
ANNEXURE C ATTESTED COPY OF AFFIDAVIT SWORN BY THE
2ND RESPONDENT SIGNED BEFORE THE NOTARY
PUBLIC DATED 25.9.2018.
RESPONDENTS’ EXHIBITS:
NIL