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