IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940
Crl.MC.No. 8133 of 2018
CRIME NO.259 OF 2017 ON THE FILE OF THE NEW MAHE POLICE STATION, KANNUR
PETITIONER/:
ABDUL RAZACK MOIDEEN
AGED 53 YEARS
S/O.MOIDU HAJI, BUSINESS, BAITHUL RAHMATH, ONJYAM
P.O.,CHOMBALA, VADAKARA-673308, NOW RESIDING AT
HIGHLIGHT RESIDENCY, PALAZHI, 3RD TOWER, 312 F,
P.O.GURUVAYOORAPPAN COLLEGE, CALICUT-673014.
BY ADVS.
SRI.T.REMESH BABU
SRI.C.K.SREEJITH
RESPONDENT/S:
1 STATION HOUSE OFFICER
NEW MAHE POLICE STATION, THALASSERY TALUK, KANNUR
DISTRICT, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682031.
2 RUBINA BANOO ABDUL RAZACK
AGED 40 YEARS
W/O. ABDUL RAZACK, RESIDING AT SAHIL HOUSE, PUNNOL,
KODIYERI, THALASSERY, KANNUR, NOW RESIDING AT
HIGHLIGHT RESIDENCY, PALAZHI, 3RD TOWER, 312 F,
P.O.GURUVAYOORAPPAN COLLEGE, CALICUT-673014.
BY ADV. SMT.MARY RANZOM LOUIZ
OTHER PRESENT:
SRI.T.R.RENJITH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.8133/18 2
ORDER
This petition is filed under Section 482 of the Code of
Criminal Procedure.
2. The petitioner herein is the accused in Crime No.259 of
2017 registered at the New Mahe Police Station, Thalassery for
offence punishable under Section 498A of the IPC. The 2 nd
respondent, who is the wife of the 1st petitioner, is the de facto
complainant.
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 petitioner.
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.
Crl.M.C. No.8133/18 3
5. I have considered the submissions advanced.
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.
Crl.M.C. No.8133/18 4
In the result, this petition will stand allowed. Annexure-A1 FIR
in Crime No.259 of 2017 of the New Mahe Police Station and all
proceedings pursuant thereto against the petitioner are quashed.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
PS
//TRUE COPY// P.A. TO JUDGE
Crl.M.C. No.8133/18 5
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.259/2017 ON THE FILE OF NEW MAHE
POLICE STATION, THALASSERY, KANNUR
DISTRICT.
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
