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Abdulla vs 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. 8880 of 2018

IN CC NO.957/2018 ON THE FILES OF THE J.M.F.C., NADAPURAM

CRIME NO.186/2018 OF Kuttiyadi Police Station, Kozhikode

PETITIONERS/ACCUSED:

1 ABDULLA, AGED 35 YEARS,
S/O.MIODU, KAMMANA HOUSE, VELOM P.O.,
KUTTIADY, KOZHIKODE DISTRICT-673 508.

2 AYISHA, AGED 58 YEARS
W/O.MIODU, KAMMANA HOUSE, VELOM P.O., KUTTIADY,
KOZHIKODE DISTRICT-673 508.

3 NASEEJA, AGED 32 YEARS
D/O MIODU, KAMMANA HOUSE, VELOM P.O., KUTTIADY,
KOZHIKODE DISTRICT-673 508.

BY ADV. SRI.M.MUHAMMED SHAFI

RESPONDENTS/STATE COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.

2 SELMA, AGED 28 YEARS
D/O.SALEEM, VALIYA PARAMBATH HOUSE,
KUTTIADY P.O., KOZHIKODE DISTRICT-673 508.

BY ADV. SMT.T.RASINI

OTHER PRESENT:
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:8880/18 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.957 of 2018 on the file of the Judicial First Class Magistrate

Court, Nadapuram. The 1st petitioner herein is the husband of the

2nd respondent. The 2nd and 3rd petitioners are the near relatives

of the 1st petitioner. They are being proceeded against for having

committed offence punishable under Sections 498A, 406 and 323

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
CRL.MC:8880/18 3

proceedings as it involves no public interest.

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.MC:8880/18 4

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.957 of 2018 on the file of the

Judicial First Class Magistrate Court, Nadapuram are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj

//TRUE COPY// P.A. TO JUDGE
CRL.MC:8880/18 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE CERTIFIED COPY OF THE CHARGE ALONG WITH
FIRST INFORMATION REPORT IN CRIME NO
186/2018 OF KUTTIADY POLICE
STATION,KOZHIKODE DISTRICT

ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT

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