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Basheer vs State Of Kerala on 25 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940

Crl.MC.No. 514 of 2019

CC 900/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDRUG

CRIME NO. 387/2018 OF Hosdurg Police Station, Kasargod

PETITIONER/ACCUSED:

BASHEER, AGED 33 YEARS,
S/O. ABDUL RAHMAN, ITTAMEL HOUSE,
NEAR IQBAL SCHOOL,
NOW RESIDING AT THE QUARTERS OF ABDUL MAJEED,
S/O.SULAIMAN HAJI BS HOUSE, KOLLAVAYAL AJANOOR
VILLAGE, KASARAGOD DISTRICT.

BY ADVS.
SRI.KARTHIK BHAVADASAN
SRI.S.VISHNU (TRIPUNITHURA)

RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE S.I. OF POLICE,
(CRIME NO.387/18) HOSDURG POLICE STATION,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.

2 HASEENA.M.K, AGED 21 YEARS,
D/O. ABDUL JABAR,
KAMBAR APARTMENT, ILLYAS NAGAR,
PALLIKERA VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT-671 123.

R2 BY ADV. SRI.N.K.MANOJ KUMAR

R1 BY SRI. B. JAYASURYA, SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 514 of 2019 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure.

2. The 2nd respondent is the de facto complainant in

C.C.No.900 of 2018 on the file of the Judicial Magistrate of First

Class-I, Hosdurg. The petitioner herein is the husband of the 2 nd

respondent and he is being proceeded against for having

committed offence punishable under Section 498A of the IPC.

3. This petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 2nd

respondent has sworn to an affidavit, wherein she has stated that

she does not wish to continue with the prosecution proceedings

against the petitioner.

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.
Crl.MC.No. 514 of 2019 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-I final report and all proceedings pursuant thereto
Crl.MC.No. 514 of 2019 4

against the petitioner now pending as C.C.No.900 of 2018 on the

file of the Judicial Magistrate of First Class-I, Hosdurg are

quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

//TRUE COPY// P.A.TO JUDGE

DSV/26.2.19
Crl.MC.No. 514 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I A CERTIFIED COPY OF THE FINAL REPORT IN

C.C.900/2018 PENDING ON THE FILE OF JFCM-I
COURT, HOSDURG.

ANNEXURE II AFFIDAVIT SWORN BY R1 THE DEFACTO
COMPLAINANT IN ANNEXURE-I.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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