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Anas @ Mohammed Anas vs Arifa K.V on 13 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940

Crl.MC.No. 7890 of 2018

CC 1728/2015 of J.M.F.C., MANNARKAD

CRIME NO.427/2015 OF NATTUKAL POLICE STATION, PALAKKAD

PETITIONERS/ACCUSED:

1 ANAS @ MOHAMMED ANAS,
S/O.MOHAMMADALI, PULAYAKKALATHIL VEEDU,
KARKKIDAMKUNNU, KOLLAPARAMBU, ALANELLOOR,
MANNARKAD TALUK.

2 MOHAMMADALI,
S/O.MAMMAD HAJI, PULAYAKKALATHIL VEEDU,
KARKKIDAMKUNNU, KOLLAPARAMBU, ALANELLOOR,
MANNARKKAD TALUK.

3 FATHIMA,
W/O.MOHAMMADALI, PULAYAKKALATHIL VEEDU,
KARKKIDAMKUNNU, KOLLAPARAMBU, ALANELLOOR,
MANNARKAD TALUK.

BY ADV. SRI.P.JAYARAM

RESPONDENTS:
1 ARIFA K.V.,
D/O.ABOOBACKER, THOTTUMVAKKATHU VEEDU,
PUTHIYANGADI PO, KOZHIKODE 673027.

2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.

BY ADV. SRI.SARATH CHANDRAN K.B.

SRI AMJAD ALI SR.PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7890 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 is the de facto complainant in C.C.

No.1728 of 2015 on the file of the Judicial First Class Magistrate,

Mannarkkad. The petitioners herein are the husband and in-laws of

the 1st respondent and they are being proceeded against for having

committed offence punishable under Section 498A 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.

5. I have considered the submissions advanced.
Crl.MC.No. 7890 of 2018 3

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-A2 final
Crl.MC.No. 7890 of 2018 4

report and all proceedings pursuant thereto against the petitioners

now pending as C.C.No.1728 of 2015 on the file of the Judicial First

Class Magistrate, Mannarkkad are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE
IAP
Crl.MC.No. 7890 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 COPY OF THE FIRST INFORMATION REPORT AND
FIRST INFORMATION STATEMENT IN CRIME
NO.427/2015, OF NATTUKAL POLICE STATION.

ANNEXURE A2 COPY OF THE FINAL REPORT/CHARGE SHEET IN
CRIME NO.427/2015, NATTUKAL POLICE
STATION/C.C.NO.1728/2015, JUDICIAL FIRST
CLASS MAGISTRATE, MANNARKKAD.

ANNEXURE A3 COPY OF THE LIST OF WITNESSES/MEMORANDUM OF
EVIDENCE IN THE CASE DIARY/FINAL REPORT IN
CRIME NO.427/2015, NATTUKAL POLICE STATION.

ANNEXURE A4 AFFIDAVIT DATED 29/09/2018 SWORN TO AND
EXECUTED BY 1ST RESPONDENT/DEFACTO
COMPLAINANT.

RESPONDENTS’ EXHIBITS:

NIL

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