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Varghese Nithish vs Stella Ditta 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. 7923 of 2017

AGAINST THE PROCEEDINGS IN C.C. NO.1758/2015 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI ARISING OUT OF
CRIME NO. 1067/2015 OF PALLURUTHY POLICE STATION, ERNAKULAM

PETITIONERS/ACCUSED NOS.1 2:

1 VARGHESE NITHISH,
AGED 37 YEARS, S/O.JACOB, H.NO.23/1753 C,
CHAKKALAKKAL HOUSE, DON BOSCO ROAD,
PALLURUTHY, KOCHI-6.

2 LISSY JACOB,
W/O.JACOB, H.NO.23/1753 C,CHAKKALAKKAL HOUSE,
DON BOSCO ROAD, PALLURUTHY, KOCHI-6.

BY ADV. SRI.M.H.HANIS

RESPONDENTS/DE FACTO COMPLAINANT STATE:

1 STELLA DITTA,
D/O.JOSEPH T.A., AGED 33 YEARS, THEKKINAPPILLY HOUSE,
INFANT JESUS CROSS ROAD, VADUTHALA P.O., ERNAKULAM,
KOCHI-682023.

2 STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE,
KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.

BY ADVS.
SMT.R.S.ASWINI SANKAR
SRI.G.RENJITH
SRI.S.M.PRASANTH
SRI.T.H.ARAVIND
SRI.T.RAMPRASAD UNNI
CRL.MC:7923/18 2

OTHER PRESENT:
SRI C K PRASAD-PP

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
07.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:7923/18 3

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure.

2. The petitioners herein are the accused Nos.1 and 2 in C.C

No.1758 of 2015 on the file of the Judicial Magistrate of First

Class-II, Kochi involving offences punishable under Sections 498A

and 423 r/w. Section 34 of the IPC. The de facto complainant, who

is arrayed as the 1st respondent, is the wife of the 1st petitioner

herein. The 2nd petitioner is the mother of the 1st petitioner.

3. The instant petition is filed 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 submitted 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.

5. I have considered the submissions advanced.
CRL.MC:7923/18 4

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-A final

report and all proceedings pursuant thereto against the petitioners
CRL.MC:7923/18 5

now pending as C.C No.1758 of 2015 on the file of the Judicial

Magistrate of First Class-II, Kochi are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ

//TRUE COPY// P.A TO JUDGE
CRL.MC:7923/18 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL CHARGE IN
C.C.NO.1758/2015 OF THE JUDICIAL FIRST
CLASS MAGISTRATE’S COURT-II, KOCHI
ARISING OUT OF CRIME NO.1067/2015 OF
KOCHI CUSBA POLICE STATION, ERNAKULAM
DISTRICT.

ANNEXURE B AFFIDAVIT OF THE DE FACTO COMPLAINANT.

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