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.
