IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940
Crl.MC.No. 7858 of 2018
CC NO.1298/2017 of J.M.F.C.-I, CHENGANNUR
CRIME NO.938/2016 OF MANNAR POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED:
SREEJITH, AGED 33 YEARS,
S/O LALITHAMMA,PAVURETH VEEDU,
CHERUKOLE PO,MANNAR,CHENNITHALA VILLAGE,
MAVELIKKARA TALUK,ALAPPUZHA,
KERALA – 690104
LALITHAMMA,PAVURETH VEEDU,
CHERUKOLE,MANNAR,CHENNITHALA VILLAGE,
MAVELIKKARA TALUK,ALAPPUZHA,
KERALA – 690104
SHAILENDRENATH,
S/O LALITHAMMA,PAVURETH VEEDU,
CHERUKOLE, MANNAR,CHENNITHALA VILLAGE,
MAVELIKKARA TALUK,ALAPPUZHA,
KERALA – 690104
BY ADV. SRI.JIKKU SEBAN GEORGE
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,KOCHI,682031
2 MANJU R. NAIR,
D/O MURALEEDHARAN NAIR,
VISHNU NIVAS, CHERUKOL MURI,
CHENNITHALA VILLAGE,
MAVELIKARA TALUK,
ALAPPUZHA, KERALA – 690 104.
BY ADV. SRI.ARUN AJAY SHANKAR
SRI.AMJAD ALI, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7858 of 2018 2
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.1298 of 2017 on the file of the Judicial Magistrate of First
Class-I, Chengannur. The 1st petitioner herein is the husband of the 2 nd
respondent and the petitioners 2 and 3 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. The instant 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
involves no public interest.
5. I have considered the submissions advanced.
Crl.MC.No. 7858 of 2018 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-B
final report and all proceedings pursuant thereto against the petitioners
Crl.MC.No. 7858 of 2018 4
now pending as C.C.No.1298 of 2017 on the files of the Judicial
Magistrate of First Class-I, Chengannur are quashed.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
Crl.MC.No. 7858 of 2018 5
APPENDIX
PETITIONERS’ EXHIBITS
ANNEXURE-A CERTIFIED COPY OF THE FIRST INFORMATION DATED 22.07.2016
IN CRIME NO.938/2016 OF MANNAR POLICE STATION, ALAPPUZHA
DISTRICT.
ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT IN C.C.1298/2017 DATED
25.02.2017 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, CHENGANNUR
ANNEXURE-C THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED
21.10.2018.
RESPONDENTS’ EXHIBITS
NIL
