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Sudeep P.K. vs State Of Kerala on 14 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940

Crl.MC.No. 6476 of 2018

CRIME NO.151/2016 OF ALAKODE POLICE STATION, KANNUR DISTRICT

PETITIONER/1ST ACCUSED:

SUDEEP P.K., AGED 35 YEARS,
S/O. BALAKRISHNAN, SASTHANILAYAM, KULICHAL,
MORAZHA, KANNUR.

BY ADV. I.V.PRAMOD

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, COCHIN – 682 031.

2 RAMYA T.G.,
D/O. GOPALAKRISHNAN, AGED 24 YEARS,
VELLIPPILLIL HOUSE, KAKKODU,
CHITTADI P.O.,
ALACODE, KANNUR DISTRICT.

BY ADV. SRI.K.V.SASIDHARAN

OTHER PRESENT:
SRI. C. K. PRASAD, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.6476/18 2

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 petitioner.

2. The 2nd respondent is the wife of the petitioner herein. Their

marriage was solemnized on 09.11.2014. In the course of their

connubial relationship, serious disputes cropped up. The 2 nd

respondent specifically alleged that the petitioner is guilty of

culpable matrimonial cruelty. This finally led to the institution of

criminal proceedings at the instance of the 2 nd respondent.

Annexure-A1 final report was registered in Crime No.151 of 2016 of

the Alacode Police Station under Section 498A of the IPC.

3. The learned counsel appearing for the petitioner

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

private in nature. The learned counsel appearing for the 2 nd

respondent invited the attention of this Court to the affidavit filed by

the 2nd respondent and asserts that the disputes inter se have been
Crl.M.C. No.6476/18 3

settled and the continuance of criminal proceedings will only result

in gross inconvenience and hardship. It is submitted that the 2 nd

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 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
Crl.M.C. No.6476/18 4

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.

In the result, this petition will stand allowed. Annexure-A1

final report in Crime No.151 of 2016 of the Alacode Police Station

and all proceedings pursuant thereto against the petitioner herein

are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

KRJ //TRUE COPY// P.A. TO JUDGE
Crl.M.C. No.6476/18 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 151/2016 OF ALACODE POLICE

STATION, KANNUR DISTRICT DATED 27/06/2016.

ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
DATED 22/09/2018.

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