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Abdul Manaf vs State Of Kerala on 10 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940

Crl.MC.No. 8057 of 2018

IN CC NO.1460/2016 ON THE FILES OF J.M.F.C., PARAPPANANGADI

CRIME NO.273/2016 OF THENHIPALAM POLICE STATION, MALAPPURAM

PETITIONERS/ACCUSED:

1 ABDUL MANAF, AGED 30 YEARS,
S/O.ULLAT ALAVI HAJI, ULLAT HOUSE,
KUMANNA, CHENAKKAL, THENHIPALAM,
MALAPPURAM DISTRICT, PIN – 673 636.

2 ULLAT ALAVI HAJI, AGED 55 YEARS,
KUNHIMOIDEEN ULLAT HOUSE, KUMANNA,
CHENAKKAL, THENHIPALAM,
MALAPPURAM DISTRICT, PIN – 673 636.

3 RUKHIYA, AGED 52 YEARS,
W/O.ULLAT ALAVI HAJI, ULLAT HOUSE, KUMANNA,
CHENAKKAL, THENHIPALAM,
MALAPPURAM DISTRICT, PIN – 673 636.

BY ADV. SRI.P.SAMSUDIN

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
(IN CRIME NO.273/2016 THENHIPALAM POLICE STATION).

2 MUBASSINA, AGED 24 YEARS,
D/O.MOHAMMED MUSTHAFA, ELAMBILAKAD HOUSE,
KANNANCHERY, MOONNIYUR P.O., TIRURANGADI TALUK,
MALAPPURAM DISTRICT, PIN – 676 311.

BY ADV. SRI.BINU V V VEETTIL VALAPPIL

OTHER PRESENT:
SRI. T. R. RENJITH – PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:8057/2018 2

ORDER

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

Procedure (“the Code” for brevity).

2. The 2nd respondent is the de facto complainant in C.C.

No.1460 of 2016 on the file of the Judicial First Class Magistrate

Court, Parappanangadi. The petitioners herein are the husband and

in-laws of the 2nd respondent and they are being proceeded against

for having committed offence punishable under Sections 498A, 406,

354(A)(i) and (2) 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 2nd

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 2 nd 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:8057/2018 3

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-A1 final

report and all proceedings pursuant thereto against the petitioners
CRL.MC:8057/2018 4

now pending as C.C. No.1460 of 2016 on the file of the Judicial First

Class Magistrate Court, Parappanangadi are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ

//TRUE COPY// P.A. TO JUDGE
CRL.MC:8057/2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR AND FINAL REPORT IN
CRIME NO.273/2016 OF THE THENHIPPALAM POLICE
STATION.

ANNEXURE A2 TRUE COPY OF THE MEDIATION AGREEMENT DATED
24/11/2018.

ANNEXURE A3 THE AFFIDAVIT DATED 24/11/2018 SWORN IN BY
THE 2ND RESPONDENT (DE-FACT0 COMPLAINANT).

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