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Binshad vs Shehnaz on 14 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940

Crl.MC.No. 8038 of 2018

CP NO.62/2018 ON THE FILES OF THE J.M.F.C.-II, KOLLAM

CRIME NO. 1247/2017 OF ERAVIPURAM POLICE STATION, KOLLAM

PETITIONER/ACCUSED:

1 BINSHAD, AGED 32 YEARS,
BISMI BAITHAL, MUKKAM CHERIYIL,
MAYANNAD VILLAGE, KOLLAM, PIN 691 303

2 SAFIYA,
BISMI BAITHAL, MUKKAM CHERIYIL,
MAYANNAD VILLAGE, KOLLAM,
PIN 691 303

3 ASHKER,
BISMI BAITHAL, MUKKAM CHERIYIL,
MAYANNAD VILLAGE, KOLLAM, PIN 691 303

4 MAHIN,
BISMI BAITHAL, MUKKAM CHERIYIL,
MAYANNAD VILLAGE, KOLLAM, PIN 691 303

BY ADV. SRI.N.ANAND

RESPONDENTS/COMPLAINANT AND STATE:

1 SHEHNAZ,
W/O JINSHAD, AGED 24 YEARS,
BISMI BAITHAL, MUKKAM CHERIYIL,
MAYANNAD VILLAGE, KOLLAM, PIN 691 303.

2 JEMILA, AGED 57 YEARS
D/O. BEEVIKUNJU, R/O PUTHEN VEEDU,
MUKKAM CHERIYIL, MAYANNAD VILLAGE,
KOLLAM, PIN 691 303.

3 SHAFI, AGED 56 YEARS,
S/O. SHAHUL HAMEED, R/O PUTHEN VEEDU,
MUKKAM CHERIYIL, MAYANNAD VILLAGE,
KOLLAM, PIN 691 303
Crl.MC.No. 8038 of 2018 2

4 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN – 682 031.

BY ADVS.
SRI.BIJITH S.KHAN
SRI.BIJITH S.KHAN

SRI. AMJAD ALI SR. PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8038 of 2018 3

ORDER

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

Procedure (“the Code” for brevity) with a prayer to quash the

proceedings pending against the petitioners.

2. The 1st respondent is the wife of the 1 st petitioner. The

petitioners 2 to 4 are his family members. In the course of their

connubial relationship, serious disputes cropped up. The 1 st respondent

specifically alleges that the petitioners are guilty of culpable

matrimonial cruelty. This finally led to the institution of criminal

proceedings at the instance of the 1st respondent. FIR was registered

and after investigation, final report was laid before the learned

Magistrate and the case is now pending as C.P.No.62 of 2018 on the

files of the Judicial Magistrate of First Class-II, Kollam. In the

aforesaid case, the petitioners are accused of having committed

offences punishable under Sections 452, 294(b), 323, 324, 498A, 308

read with Section 34 of the IPC.

3. The learned counsel appearing for the petitioners submitted

that at the instance of well wishers and family members, the parties

have decided to put an end to their discord and have decided to live

together. It is urged that the dispute is purely private in nature. The
Crl.MC.No. 8038 of 2018 4

learned counsel appearing for the party respondents invited the

attention of this Court to the affidavits filed by them and asserts that

the disputes inter se have been settled and the continuance of criminal

proceedings will only result in gross inconvenience and hardship. It is

submitted that the party respondents have no objection in allowing the

prayer sought for.

4. The learned Public Prosecutor after getting instructions has

submitted that the statement of the party respondents have been

recorded and they have stated in unequivocal terms that the

settlement arrived at is genuine.

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
Crl.MC.No. 8038 of 2018 5

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.

7. 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-II

final report and all proceedings pursuant thereto against the

petitioners now pending as C.P.No.62 of 2018 on the file of the Judicial

First Class Magistrate Court-II, Kollam are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
Crl.MC.No. 8038 of 2018 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF FIR NO. 1247 OF 2017
REGISTERED BEFORE THE ERAVIPURAM CITY
POLICE STATION.

ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN
F.I.R. NO.1247/2017 REGISTERED BEFORE THE
ERAVIPURAM POLICE STATION, KOLLAM CITY.

ANNEXURE III TRUE COPY OF PROCEEDINGS DATED 23.07.2018
PASSED BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT II KOLLAM IN
C.P.NO.62/2018.

ANNEXURE IV TRUE COPY OF PROCEEDINGS DATED 17.09.2018
PASSED BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT II KOLLAM IN C.P.

NO.62/2018.

ANNEXURE V AFFIDAVIT EXECUTED BY THE 1ST RESPONDENT.

ANNEXURE VI AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT.

ANNEXURE VII AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT.

RESPONDENTS’ EXHIBITS:

NIL

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