Kerala High Court
Thomman Joseph vs State Of Kerala on 3 December, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 03RD DAY OF DECEMBER 2018 / 12TH AGRAHAYANA, 1940
Crl.MC.No.554 of 2018
CRIME NO. 633/2013 OF CHANGANASSERY POLICE STATION, KOTTAYAM
PETITIONER/S:
THOMMAN JOSEPH,
S/O.KUNJARIA THOMAS, PUTHANPURAYIL HOUSE,
KAVALAM NORTH P.O., ALAPPUZHA DISTRICT-688506.
BY ADV. SRI.PRASAD CHANDRAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 JESSY SEBASTIAN,
D/O.SEBASTIAN, THEKKEKAITHAKKAL,
PANIKKANKUDI P.O., ADIMALI, IDUKKI-685571.
** ADDL.R3: THE BRANCH MANAGER, FEDERAL BANK,
CHANGANACHERRY-686 102.
** ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER
ORDER DATED 15.03.2018 IN CRL.M.A. NO.2653/2018
BY ADVS.SRI.P.M.JOSHI
SMT.SIJI K.PAUL
SRI.M.JITHESH MENON
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03.12.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC:554/2018 2
ORDER
This petition is filed seeking to quash the proceedings in Crime No.633 of 2013 of the Changanacherry Police Station registered under Sections 498A, 494 406 and 420 of the IPC.
2. The 2nd respondent is the wife of the petitioner herein. It appears that various proceedings were pending between the parties before the Family Court, Kottayam. Parties were referred to mediation and an agreement was entered into and the disputes have been settled.
3. The learned counsel appearing for the petitioner submitted that the entire monetary disputes have been settled as agreed and he prays that the proceedings be quashed.
4. The learned counsel appearing for the 2nd respondent submitted that the 2nd respondent has no further grievance.
5. 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. Crl.MC:554/2018 3
6. I have considered the submissions advanced.
7. 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 and after going through Annexure-A4 settlement arrived at between the parties, 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.
Crl.MC:554/2018 4
In the result, this petition will stand allowed. Annexure-A1 final report and all proceedings pursuant thereto against the petitioners now pending as C.C.No.1518 of 2016 on the file of the Judicial First Class Magistrate Court, Changanacherry are quashed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE krj //TRUE COPY// P.A TO JUDGE Crl.MC:554/2018 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1- CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.633/2013 OF CHANGANACHERRY POLICE STATION.
ANNEXURE A2- TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT.
ANNEXURE A3- TRUE COPY OF THE ORDER DATED 03/01/2014 IN I.A.NO.6/2014 IN O.P.NO.5/14 OF THE FAMILY COURT, ETTUMANOOR.
ANNEXURE A4- TRUE COPY OF THE DECREE WITH THE COMPROMISE DATED 20/11/2017 OF THE FAMILY COURT, ETTUMANNOOR.
ANNEXURE A5- TRUE COPY OF THE JUDGMENT IN O.P.993/2017 OF THE FAMILY COURT, ETTUMANNOOR DATED 20/11/2017.
ANNEXURE A6- TRUE COPY OF THE ORDER DATED20/11/2017 IN MP 460/2017 IN CMP 125/2016 OF THE FAMILY COURT, ETTUMANOOR.
ANNEXURE A7- TRUE COPY OF THE ORDER IN CRL.M.C.NO.6312/2017 DATED 15/09/2017 OF THE HON'BLE HIGH COURT OF KERALA DATED 15/09/2017.
ANNEXURE A8- TRUE COPY OF THE ORDER IN CMP NO.2368/17 IN CC 1518/2016 DATED 07/10/2017 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHANGANACHERRY.
ANNEXURE A9 TRUE COPY OF THE ORDER DATED 20/2/2018 OF THIS HON'BLE COURT IN CRL.M.C 554/2018 ANNEXURE A10 TRUE COPY OF THE ORDER DATED 6/3/2018 OF THIS HON'BLE COURT IN CRL.M.C 554/2018 ALONG WITH DOCKET ANNEXURE A11 TRUE COPY OF THE ORDER DATED 15/3/2018 OF THIS HON'BLE COURT IN CRL.M.C 554/2018 ALONG WITH DOCKET RESPONDENTS' EXHIBITS:-NIL