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Sreejith vs State Of Kerala on 3 December, 2018

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

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