IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938
Crl.MC.No. 8920 of 2016
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CC 1320/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PONNANI
CRIME NO. 432/2014 OF PONNANI POLICE STATION, MALAPPURAM
….
PETITIONER(S)/ACCUSED NO.1 TO 3:
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1. YOUNAS, AGED 33 YEARS,
S/O.BAVA, THAREEKKANAKATH, PONNANINAGARAM,
MALAPPURAM DISTRICT.
2. BAVA, AGED 58 YEARS, S/O.MUHAMMED,
THAREEKKANAKATH, PONNANIMANGALAM,
MALAPPURAM DISTRICT.
3. KULTHU, AGED 53 YEARS, W/O.BAVA,
THAREEKKANAKATH, PONNANIMANGALAM,
MALAPPURAM DISTRICT.
BY ADVS.SRI.K.B.ARUNKUMAR
SRI.RANJIT BABU
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE,
PONNANI POLICE STATION, MALAPPURAM DISTRICT,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.
2. FATHIMA, AGED 31 YEARS,
W/O.YOUNUS, MANATHPARAMBIL,
MEENTHERUVU, PONNANI, MALAPPURAM DISTRICT,
NOW RESIDING AT THAREEKKANAKATH, PONNANIMANGALAM,
MALAPPURAM DISTRICT.
R1 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA
R2 BY SRI.K.S.HARIDAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
msv/
Crl.MC.No. 8920 of 2016
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APPENDIX
PETITIONER(S)’ ANNEXURES
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ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.432/2014 OF PONNANI POLICE STATION.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CC.NO.1320/2015 NOW PENDING ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT, PONNANI.
ANNEXURE A3 THE AFFIDAVIT DTD.26.11.2016 EXECUTED BY THE
2ND RESPONDENT.
RESPONDENT(S)’ ANNEXURE
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NIL
//TRUE COPY//
P.S.TO JUDGE
msv/
RAJA VIJAYARAGHAVAN.V., J
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Crl.M.C. No. 8920 of 2016
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Dated 1st February, 2017
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ORDER
1.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.On the basis of an FIR lodged by the 2nd respondent, who
is the wife of the 1st petitioner, Crime No.432 of 2014 of
the Ponnani Police Station was registered and
investigation was taken up for offences punishable under
Sections 498A read with Section 34 of the IPC, and on its
completion final report was laid before the Judicial
Magistrate of First Class, Ponnani, where the same is
pending as C.C.No.1320 of 2015. The petitioners 2 and 3
are the parents of the 1st petitioner.
3.It is submitted that the Crime was registered due to
temperamental differences and minor skirmishes which
Crl.M.C. No.8920 of 2016 -2-
usually occur between husband and wife in the course of
their matrimonial relationship. According to the learned
counsel appearing for the parties, all the disputes have
been settled and the spouses have started living together.
An affidavit sworn to by the victim is also relied on by the
parties to contend that the wife is desirous of bringing to
an end the criminal prosecution initiated against her
husband and in-laws.
4.The learned Public Prosecutor after getting instructions
has submitted that the statement of the party
respondent has been recorded and she has stated in
unequivocal terms that the settlement arrived at is
genuine.
5.I have considered the submissions.
6.It is evident from the materials produced that the parties
have amicably resolved their disputes and have decided to
live together as husband and wife under the same roof.
The continuance of the criminal proceedings will only
Crl.M.C. No.8920 of 2016 -3-
serve the purpose of causing hardship to the parties.
7.It is by now settled 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, there is no reason why this Court
should 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 dispute is
clearly private and no public interest is involved.
In the result, this petition will stand allowed. Annexure-2
final report and all proceedings pursuant thereto against
the petitioners now pending as C.C.No.1320 of 2015 on
the file of the Judicial Magistrate of 1st Class, Ponnani, are
quashed. Sd/-
RAJA VIJAYARAGHAVAN.V.,
JUDGE
kp/02.02.17
