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Abdul Razack Moideen vs Station House Officer on 14 December, 2018

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.

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