IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
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
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
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:
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
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.
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.
RAJA VIJAYARAGHAVAN V.,
//TRUE COPY// P.A. TO JUDGE
ANNEXURE CERTIFIED COPY OF THE CHARGE ALONG WITH
FIRST INFORMATION REPORT IN CRIME NO
186/2018 OF KUTTIADY POLICE
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT