HAMSAKKOYA v. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR
2017-01-20
RAJA VIJAYARAGHAVAN V.
body2017
DigiLaw.ai
ORDER : 1. This petition is filed under section 482 of the Code of Criminal Procedure ('the Code" for brevity) with a prayer to quash the proceedings pending against the petitioners. 2. The petitioners herein are the accused Nos. 1 to 8 in C.C.No.3302 of 2013 on the file of the Judicial Magistrate of 1st Class, Tirur involving offences punishable under Sections 323, 324, 354, 498A, 498A read with Section 34 of the IPC. 3. The de facto complainant, who is arrayed as the 2nd respondent, is the daughter-in-law of the petitioners 1 and 2. The petitioners 3 to 8 are the near relatives of the petitioners 1 and 2. Alleging matrimonial cruelty, the 2nd respondent had set the law in motion, which led to the registration of Crime No.801 of 2013 of the Tirur Police Station. After investigation, final report was laid before the jurisdictional Magistrate which is now pending as aforesaid. 4. According to the petitioners, in the course of proceedings, parties have arrived at a settlement. It is submitted across the bar that the son of the petitioners 1 and 2 and the 2nd respondent have decided to part ways. 5. The 2nd respondent has entered appearance through Counsel and in the affidavit filed by her and produced as Annexure-A2, it is stated that all her claims have been settled and she does not intend to prosecute the petitioners. 6. The learned Public Prosecutor after getting instructions has submitted that the statement of the 2nd respondent has been recorded and she has stated in unequivocal terms that the settlement arrived at is genuine. 7. I have considered the submissions. 8. 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.
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. 9. The dispute is clearly private and continuance of proceedings will only inure to cause inconvenience and hardship to the parties. 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-A1 final report and all proceedings pursuant thereto against the petitioners now pending as C.C.No.3302 of 2013 on the file of the Judicial Magistrate of 1st Class, Tirur are quashed.