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Sukesh.K vs Shabina P.P on 7 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 07TH DAY OF JANUARY 2019 / 17TH POUSHA, 1940

Crl.MC.No. 8511 of 2018

CMP 2291/2018 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR

CRIME NO. 430/2018 OF MAYYIL POLICE STATION, Kannur

PETITIONERS/ACCUSED NOS.1 TO 4:

1 SUKESH.K,
AGED 38 YEARS,
S/O KUNHIRAMAN, KARIYIL HOUSE, KILIYALAM,
P.O.KAYARALAM, KANNUR-60602.

2 KARTHIYANI.K,
AGED 75 YEARS,
W/O KUNHIRAMAN, KARIYIL HOUSE, KILIYALAM,
P.O.KAYARALAM, KANNUR-60602.

3 SUSHEEALA K,
AGED 55 YEARS,
W/O KUNHIRAMAN, MACHERY HOUSE, KUTTIYATOOR, KANUUR.

4 SARADA.K,
AGED 49 YEARS,
W/O BHASKARAN, SREENILYAM, CHELERI, KANNUR.

BY ADV. SRI.K.RAJESH SUKUMARAN

RESPONDENTS/DE FACTO COMPLAINANT/STATE:

1 SHABINA P.P,
AGED 29 YEARS,
D/O M.ACHUTHAN, SHABINA NIVAS, P.O.KOLACHERI, KANNUR-
670 601.

2 STATE OF KERALA,
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031.

R1 BY ADV. SRI.R.SREEHARI
R2 BY SRI B JAYASURYA, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8511 of 2018 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure (“the Code” for brevity).

2. The 1st respondent is the de facto complainant in Crime

No.430 of 2018 of the Mayyil Police Station. The 1 st petitioner is

the husband of the de facto complainant. The petitioners 2 to 4

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 proceeding is initiated with a prayer to

quash the proceedings on the ground of settlement of all disputes.

The 1st 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 submits that the statement of the 1 st respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC.No. 8511 of 2018 3

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 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 extra ordinary powers

under Section 482 of the Code to quash the proceedings.

In the result, this petition will stand allowed.
Crl.MC.No. 8511 of 2018 4

Annexure-A3 final report and all proceedings pursuant thereto

against the petitioners now pending as C.C.No.1161 of 2018 on

the file of the Judicial Magistrate Magistrate of First Class-II,

Kannur are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE
DSV/-

Crl.MC.No. 8511 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE PRIVATE COMPLAINT CMP
2291/2018 FILED BY THE 1ST RESPONDENT
BEFORE THE 741 JUDICIAL FIRST CLASS
MAGISTRATE COURT, NO 11,KANNUR

ANNEXURE A2 CERTIFIED COPY OF THE FIR IN CRIME NO
430/2018 OF MAYYIL POLICE STATION

ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO 430/2018 OF MAYYIL POLICE STATION

ANNEXURE 4 SWORN AFFIDAVIT DATED 6.12.2018 OF THE 1ST
RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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