IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY ,THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA, 1940 [CASE NUMBER] CC 2606/2014 of J.M.F.C.,WADAKKANCHERRY CRIME NO. 283/2013 OF ERUMAPETTY POLICE STATION , THRISSUR PETITIONERS/ACCUSED: 1 JAISON AGED 42 YEARS S/O. LATE OUSEPH, ALLOOR HOUSE, ERUMAPETTY P.O., ERUMAPETTY DESOM, KARIYANNOOR VILLAGE, THALAPPALLY TALUK, THRISSUR DISTRICT. 2 MARY, AGED 63 YEARS W/O. LATE OUSEPH, ALLOOR HOUSE, ERUMAPETTY P.O., ERUMAPETTY DESOM, KARIYANNOOR VILLAGE, THALAPPALLY TALUK, THRISSUR DISTRICT. BY ADVS. SRI.K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT RESPONDENTS/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 THE STATION HOUSE OFFICER ERUMAPETTY POLICE STATION, THRISSUR - 680 584. 3 LINTU AGED 32 YEARS,D/O. VELLARA ANTONY, KAROOR DESOM, THANGALLOOR VILLAGE, THRISSUR DISTRICT, PIN - 680 020. BY ADV. SRI.JACOB SEBASTIAN SRI. T R RENJITH-PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 2 ORDER
This petition is filed under [SECTION] of the [ACT] ('the Code" for brevity) with a prayer to quash the proceedings pending against the petitioners.
2. The 3rd respondent is the wife of the 1st petitioner. The marriage between them was solemnized on 04.01.2009. In the course of their connubial relationship, serious disputes cropped up. The 3 rd respondent specifically alleges that the petitioners are guilty of culpable matrimonial cruelty. This finally led to the institution of criminal proceedings at the instance of the 3 rd respondent. FIR was registered and after investigation, final report was laid before the learned Magistrate and the case is now pending as [CASE NUMBER] on the files of the Judicial Magistrate of First Class, Wadakkanchery, Thrissur. In the aforesaid case, the petitioners are accused of having committed offence punishable under [SECTION], [SECTION] & [SECTION] read with [SECTION] of the [ACT].
3. The learned counsel appearing for the petitioners submitted that at the instance of well wishers and family members, the parties have decided to put an end to their discord and to live in peace. It is urged that the dispute is purely private in nature.
4. The learned counsel for the 3rd respondent, invited the attention of this Court to the affidavit filed by her and asserts that the disputes inter se have been settled and the continuance of criminal proceedings will only result in gross inconvenience and hardship. It is submitted that the 3rd respondent has no objection in allowing the prayer sought for.
5. The learned Public Prosecutor after getting instructions has submitted that the statement of the 3rd respondent has been recorded and she has stated in unequivocal terms that the settlement arrived at is genuine.
6. I have considered the submissions advanced.
7. In [PRECEDENT] and in [PRECEDENT] 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 [PRECEDENT] 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] 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.
8. 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] of the Code to quash the proceedings.
In the result, this petition will stand allowed. Annexure-A1 final report and all proceedings pursuant thereto against the petitioners now pending as [CASE NUMBER] on the file of the Judicial First Class Magistrate Court, Wadakkanchery, Thrissur are quashed.
[ENTITY], JUDGE IAP APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT DATED 26.8.2013 IN [CASE NUMBER] ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,VADAKKANCHERY, THRISSUR DISTRICT.
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 3D RESPONDENT DATED 14.8.2018.
RESPONDENTS' EXHIBITS NIL