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Judgments of Supreme Court of India and High Courts

Aimulla vs State Of Kerala on 28 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940

Crl.MC.No. 8407 of 2018

CRIME NO.444/2018 OF EDATHALA POLICE STATION, ERNAKULAM

PETITIONER/ACCUSED:

AIMULLA, AGED 43 YEARS,
S/O.SAIDUMUHAMMED, KOLLAMKUDY HOUSE, EDATHALA KARA,
ALUVA EAST VILLAGE, ERNAKULAM DISTRICT.

BY ADV. SRI.AJEESH M UMMER

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM, PIN-682031.

2 SAMANTHA, AGED 32 YEARS,
W/O.AIMULLA, KOLLAMKUDY HOUSE,
MALIYEKKAPPADY BHAGHAM, EDATHALA KARA,
ALUVA EAST VILLAGE, ERNAKULAM DISTRICT-683561.

BY ADV. SMT.SIKHA G.NAIR

OTHER PRESENT:
SRI. AMJAD ALI – SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:8407/18 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure (‘the Code” for brevity) with a prayer to quash

the proceedings pending against the petitioner.

2. The 2nd respondent is the wife of the petitioner herein.

Their marriage was solemnized on 25.4.2004 and there were

living together. In the course of their connubial relationship,

serious disputes cropped up. According to the prosecution, the

petitioner subjected the de facto complainant to physical as well

as mental harassment demanding dowry and thereby

misappropriated huge sums of money and gold ornaments. At the

instance of the 2nd respondent, Crime No.444 of 2018 was

registered at the Edathala Police Station under Sections 498A,

324, and 506 of the IPC.

3. The learned counsel appearing for the petitioner

submitted that at the instance of well wishers and relatives, the

parties have decided to put an end to their discord. It is urged

that the dispute is purely private in nature. The learned counsel

appearing for the 2nd respondent, invited the attention of this
CRL.MC:8407/18 3

Court to the affidavit filed by her and asserts that the disputes

inter se have been settled and the continuance of criminal

proceedings will only result in gross inconvenience and hardship.

It is submitted that the 2nd respondent has no objection in

allowing the prayer sought for.

4. The learned Public Prosecutor after getting instructions

has submitted that the statement of the 2 nd respondent has been

recorded and she has stated in unequivocal terms that the

settlement arrived at is genuine.

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
CRL.MC:8407/18 4

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-A FIR

in Crime No.444 of 2018 was registered at the Edathala Police

Station and all proceedings pursuant thereto against the petitioner

are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

KRJ
CRL.MC:8407/18 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OFT HE F.I.R IN CRIME NO,444/2018
OF EDATHALA POLICE STATION.

ANNEXURE B TRUE COPY OF THE F.I.S IN CRIME NO.444/2018
OF EDATHALA POLICE STATION.

ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT.

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