SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Cc 1320/2015 Of Judicial First … vs Younas on 1 February, 2017

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
————————
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:
——————————–

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):
————–

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
———————–

APPENDIX

PETITIONER(S)’ ANNEXURES
————————-

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
———————–
NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

RAJA VIJAYARAGHAVAN.V., J
– – – – – – – – – – – – – – – – – – – –
Crl.M.C. No. 8920 of 2016
– – – – – – – – – – – – – – – –
Dated 1st February, 2017
– – – – – – – – – – – – – – – – – – – – – – – –

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

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation