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Judgments of Supreme Court of India and High Courts

Thomas Joseph vs State Of Kerala on 24 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 24TH DAY OF JANUARY 2019 / 4TH MAGHA, 1940

Crl.MC.No. 88 of 2019

AGAINST THE PROCEEDINGS IN CC 1293/2017 ON THE FILES OF THE
J.M.F.C., CHANGANACHERRY

CRIME NO. 2114/2016 OF THRIKKODITHANAM POLICE STATION, KOTTAYAM

PETITIONERS/ACCUSED 12:

1 THOMAS JOSEPH, AGED 43 YEARS
S/O.JOSEPH, MANNISSERI HOUSE, PALAMATTAM BHAGOM,
MADAPPALLY, THRIKKODITHANAM, KOTTAYAM.

2 ANNAMMA JOSEPH, AGED 71 YEARS,
W/O.JOSEPH, MANNISSERI HOUE, PALAMATTAM BHAGOM,
MADAPPALLY, THRIKKODITHANAM, KOTTAYAM.

BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER

RESPONDENTS/COMPLAINANT DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTING SUB INSPECTOR OF POLICE,
THRIKKODITHANAM POLICE STATION, KOTTAYAM,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2 GEENAMOL JOSEPH, AGED 35 YEARS,
D/O.JOSEPH THOMAS, PUTHUPARAMBU HOSUE,
NADACKAPADOM BHAGOM, MADAPPALLY, THRIKKODITHANAM,
KOTTAYAM, NOW AT MAMOOD P.O., MADAPPALLY,
KOTTAYAM DISTRICT-686536.

BY SRI. SUMODU PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 88 of 2019

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.

1293 of 2017 on the file of the Judicial Magistrate of First Class-I,

Changanacherry. The petitioners herein are the husband and mother-

in-law of the 2nd respondent respectively and they are 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. 88 of 2019

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.

7. 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. Annexure-A2 final

report and all proceedings pursuant thereto against the petitioners
Crl.MC.No. 88 of 2019

4

now pending as C.C.No.1293 of 2017 on the file of the Judicial First

Class Magistrate Court-I, Changanacherry are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE

//TRUE COPY// P.A. TO JUDGE

avs
Crl.MC.No. 88 of 2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF FIR IN CRIME NO.

2114/2016 OF THRIKKODITHANAM POLICE
STATION.

ANNEXURE-A2 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.2114/2016 OF THRIKKODITHANAM POLICE
STATION.

ANNEXURE-A3 AFFIDAVIT DATED 2/11/2018 OF 2ND
RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

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