IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940
Crl.MC.No. 8021 of 2018
CRIME NO. 344/2017 OF KOTTAKKAL POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED:
1 ANWARALI, AGED 31 YEARS,
S/O. MARAKKAR, RESIDING AT MANGADAN HOUSE,
PULIKKOD, KOTTAKKAL,
MALAPPURAM DISTRICT – 676 503
2 KHADEEJA, AGED 55 YEARS,
W/O. MARAKKAR, RESIDING AT MANGADAN HOUSE,
PULIKKOD, KOTTAKKAL,
MALAPPURAM DISTRICT – 676 503
3 MARAKKAR, AGED 60 YEARS,
MANGADAN HOUSE, PULIKKOD, KOTTAKKAL, MALAPPURAM
DISTRICT – 676 503
4 ANSARALI, AGED 25 YEARS,
S/O. MARAKKAR, MANGADAN HOUSE, PULIKKOD, KOTTAKKAL,
MALAPPURAM DISTRICT – 676 503
BY ADVS.
SRI.J.R.PREM NAVAZ
SRI.P.T.SHEEJISH
RESPONDENT/STATE DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031
2 NASEEMA, AGED 27 YEARS,
D/O. RAYINKUTTY, RESIDING AT KUNNAKKADAL HOUSE,
RANDATHANI, KOTTAKKAL, TIRUR TALUK, MALAPPURAM
DISTRICT, PIN – 682 032
BY ADV. SRI.AJOY VENU
OTHER PRESENT:
SRI.T.R.RENJITH, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.A. No.8021/18 2
ORDER
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 Crime
No.344 of 2017 registered at the Kottakkal Police Station for offence
under Sections 406 498A r/w. Section 34 of the IPC. The
petitioners herein are the husband and his near relatives.
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
Crl.M.A. No.8021/18 3
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 FIR
in Crime No.344 of 2017 of the Kottakkal Police Station and all
proceedings pursuant thereto against the petitioners are quashed.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
PS
//TRUE COPY// P.A.TO JUDGE
Crl.M.A. No.8021/18 4
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE P1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 344 OF 2017 OF KOTTAKKAL
POLICE STATION, MALAPPURAM DISTRICT
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTION 406, 498A R/W 34 OF THE INDIAN PENAL
CODE.
ANNEXURE P2 NOTARIZED AFFIDAVIT SOLEMNLY AFFIRMED BY THE
SECOND RESPONDENT/DEFACTO COMPLAINANT DATED
13.08.2018.