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Abdul Rasheed vs The State Of Kerala 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. 8767 of 2018

CC 968/2015 of J.M.F.C.-V,KOZHIKODE

CRIME NO. 32/2015 OF FEROKE POLICE STATION , KOZHIKODE

PETITIONER/ACCUSED:

ABDUL RASHEED, AGED 46 YEARS
S/O.SAIDALIKUTTY, KOZHISSERYPARAMBIL HOUSE,
EDAYAPURAM ROAD, ASHOKA ROAD, ALUVA, ERNAKULAM.

BY ADVS.
SRI.K.M.FIROZ
SMT.M.SHAJNA

RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2 STATION HOUSE OFFICER
FEROKE POLICE STATION,
KOZHIKODE DISTRICT – 676 631.

3 THASNI E.
D/O.ABOOBAKCER, AGED 40,
RESIDING AT MANDANIYIL HOUSE,
KALLIKOODAM, FEROKE POST,
KOZHIKODE – 676 631.

BY ADV. SMT.THUSHARA PAILY

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.MC.No. 8767 of 2018 2

ORDER

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

Procedure (“the Code” for brevity).

2. The 3rd respondent is the de facto complainant in C.C.

No.968 of 2015 on the file of the Judicial First Class Magistrate-V,

Kozhikode. The petitioner is the husband of the 3 rd respondent and he

is being proceeded against for having committed offence punishable

under Sections 498A, 406, 506(i) 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 3rd

respondent has filed Annexure-A2 affidavit stating that she does not

wish to continue with the prosecution proceedings against the

petitioner.

4. The learned Public Prosecutor has obtained instructions. He

submitted that the statement of the 3 rd 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.No. 8767 of 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.

7. 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

charge sheet and all proceedings pursuant thereto against the
Crl.MC.No. 8767 of 2018 4

petitioner now pending as C.C.No.968 of 2015 on the file of the

Judicial First Class Magistrate-V, Kozhikode are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE
IAP
Crl.MC.No. 8767 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF CHARGE SHEET IN CRIME NO.32 OF
2015 OF FEROKE POLICE STATION, KOZHIKODE.

ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE
3RD RESPONDENT.

RESPONDENTS’ EXHIBITS:

NIL

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