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Vipin Das vs Athira S.R. on 17 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 17TH DAY OF JANUARY 2019 / 27TH POUSHA, 1940

Crl.MC.No. 8543 of 2018

AGAINST THE PROCEEDINGS IN CC NO.2421/2015 ON THE FILES OF THE
J.M.F.C.-II, NEDUMANGAD DATED 05-10-2015

CRIME NO.616/2015 OF Nedumangad Police Station, Thiruvananthapuram

PETITIONERS/ACCUSED:

1 VIPIN DAS, AGED 39 YEARS,
GREEN VILLA, NEAR M.C. QUARTERS,
MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM-695 011

2 SANTHA KUMARI, AGED 64 YEARS,
W/O. DEVA DAS,GREEN VILLA, NEAR M.C. QUARTERS,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011

BY ADVS.
SRI.S.VAISAKH
SMT.S.AJITHA KUMARI

RESPONDENTS/DE FACTO COMPLAINANT/STATE:

1 ATHIRA S.R., D/O. RAJAN,
RESIDING AT RAJ BHAVAN, VENKAVILA, IRICHAYAM P.O.,
NEDUMANGAD, THIRUVANANTHAPURAM-695 011

2 SUB INSPECTOR OF POLICE,
NEDUMANGAD POLICE STATION, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, COCHIN-682 031

BY ADV. SRI.R.REVIKUMAR

OTHER PRESENT:
SR.PP SRI.AMJAD ALI

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.C:8543/18 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 C.C.

No.2421 of 2015 on the file of the Judicial First Class Magistrate-

II, Nedumangad. The 1st petitioner herein is the husband of the

1st respondent and the 2nd petitioner is his mother. They are being

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 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.
CRL.C:8543/18 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 extraordinary powers

under Section 482 of the Code to quash the proceedings.

In the result, this petition will stand allowed. Annexure-A2
CRL.C:8543/18 4

final report and all proceedings pursuant thereto against the

petitioners now pending as C.C. No.2421 of 2015 on the file of the

Judicial First Class Magistrate-II, Nedumangad are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

KRJ //TRUE COPY// P.A. TO JUDGE
CRL.C:8543/18 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF THE FIRST INFORMATION

REPORT DATED 05.05.2015 REGISTERED AGAINST
THE PETITIONERS IN CRIME NO.616/2015 OF
NEDUMANGAD POLICE STATION

ANNEXURE-A2 CERTIFIED COPY OF THE FINAL CHARGE DATED
05.10.2015 IN CRIME NO.616/2015 OF
NEDUMANGAD POLICE STATION WHICH IS
REGISTERED AS CC NO.2421/2015 SUBMITTED BY
THE 2ND RESPONDENT BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD

ANNEXURE-A3 TRUE COPY OF THE COMPROMISE AGREEMENT DATED
13.04.2018 BETWEEN DEFACTO COMPLAINANT AND
PETITIONER/1ST ACCUSED

ANNEXURE-A4 AFFIDAVIT BY THE 1ST RESPONDENT/DEFACTO
COMPLAINANT DATED 26.10.2018

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