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Ameer vs Jaciya on 7 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY, THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940

Crl.MC.No. 5796 of 2018

CRIME NO. 179/2018 OF TIRUR POLICE STATION, MALAPPURAM

PETITIONERS/ACCUSED:

1 AMEER,
AGED 30 YEARS, S/O.MOIDEEN HAJI,
VALIYARAKKAL HOUSE, PERUMANNA, KOZHICHENA P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT.

2 MOIDEEN HAJI, AGED 75 YEARS,
VALIYARAKKAL HOUSE, PERUMANNA, KOZHICHENA P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT.

3 KADIYAMAKUTTY, AGED 65 YEARS, W/O.MOIDEEN HAJI,
VALIYARAKKAL HOUSE, PERUMANNA, KOZHICHENA P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT.

4 MUHAMMADALI, AGED 42 YEARS, S/O.MOIDEEN HAJI,
VALIYARAKKAL HOUSE, PERUMANNA, KOZHICHENA P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT.

BY ADVS.
SMT.N.DEEPA
SRI.M.V.BALAGOPAL

RESPONDENTS/COMPLAINANT STATE:

1 JACIYA,
AGED 19 YEARS, D/O.HYDRU,
KALLIKKAL HOUSE, THALAKKADATHUR P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 103.

2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-31.

R1 BY ADV. SRI.M.PROMODH KUMAR
R2 BY SRI AMJAD ALI, SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5796 of 2018 2

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (“the Code” for brevity).

2. The 1st respondent herein is the de facto complainant in

Crime No.179 of 2018 of the Tirur Police Station. The petitioners

herein are the husband and in-laws of the 1st respondent and they

are being proceeded against for having committed offences

punishable under Section 498A, 406, 341, 323 and 506 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 1st

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 1 st respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC.No. 5796 of 2018 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.MC.No. 5796 of 2018 4

In the result, this petition will stand allowed. Annexure-1 First

Information Report in Crime No.179 of 2018 of the Tirur Police

Station and all proceedings pursuant thereto against the petitioners

are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/-

//TRUE COPY// P.A. TO JUDGE
Crl.MC.No. 5796 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE FIR IN CRIME NO.179/2018
DATED 20/03/2018.

ANNEXURE 2 TRUE COPY OF THE COMPLAINT,
C.M.P.NO.1382/2018 BEFORE THE JUDICIAL 1ST
CLASS MAGISTRATE COURT, TIRUR DATED
23/03/2018.

ANNEXURE 3 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN
PETITIONERS AND 1ST RESPONDENT DATED
16/07/2018.

ANNEXURE 4 TRUE COPY OF THE AFFIDAVIT SWORN BY THE 1ST
RESPONDENT DATED 29/08/2018.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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