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Cc 1773/2014 Of Judicial First … vs Sameer on 2 February, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 2ND DAY OF FEBRUARY 2017/13TH MAGHA, 1938

Crl.MC.No. 569 of 2017
———————–

CC 1773/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA
CRIME NO. 404/2014 OF CHOMBALA POLICE STATION, KOZHIKODE
….

PETITIONER(S)/ACCUSED 1 TO 3:
—————————-

1. SAMEER,
S/O. BASHEER, AGED 34 YEARS,
PULAYAN KUNNATH HOUSE, VELLIKULANGARA,
ONCHIYAM AMSOM DESOM, VATAKARA TALUK.

2. JAMEELA,
W/O.BASHEER, AGED 50 YEARS,
PULAYAN KUNNATH HOUSE, VELLIKULANGARA,
ONCHIYAM AMSOM DESOM, VATAKARA TALUK.

3. NASEERA,
W/O.JALEEL, AGED 32 YEARS,
VARAKKANTAVIDA HOUSE, VALLIKADU,
MUTTUNGAL, VATAKARA TALUK.

BY ADVS.SRI.ZUBAIR PULIKKOOL
SRI.K.M.RAMADAS

RESPONDENT(S)/COMPLAINANT:
————————–

1. NABEELA,
AGED 22 YEARS,
S/O. ASHRAF, MEETHALE KALLIATHU,
ONCHIYAM AMSOM DESOM,
VATAKARA TALUK, KOZHIKODE.

2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.

R1 BY ADV. SMT.A.P.RUFAIJA
R2 BY PUBLIC PROSECUTOR SRI.E.C.BINEESH

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 02-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

msv/

Crl.MC.No. 569 of 2017
———————–

APPENDIX

PETITIONER(S)’ ANNEXURES
————————-

ANNEXURE A1 TRUE COPY OF THE FIR CHARGE SHEET IN CRIME
NO. 404/2014 OF CHOMBALA POLICE STATION.

ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT OF 1ST RESPONDENT.

RESPONDENT(S)’ ANNEXURE
———————–
NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

RAJA VIJAYARAGHAVAN.V., J
– – – – – – – – – – – – – – – – – – – –
Crl.M.C. No. 569 of 2017
– – – – – – – – – – – – – – – –
Dated 2nd 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 1st respondent, who

is the wife of the 1st petitioner, Crime No.404 of 2014 of

the Chombala Police Station was registered and

investigation was taken up for offences punishable under

Sections 406, 498A, 354 read with Section 34 of the IPC,

and on its completion final report was laid before the

Judicial Magistrate of First Class, Vatakara, where the

same is pending as C.C.No.1773 of 2014. The petitioners

2 and 3 are the relatives 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.569 of 2017 -2-

usually occur between husband and wife in the course of

their matrimonial relationship. According to the learned

counsel appearing for the parties, several other

proceedings were initiated before various courts and all

these matters have been settled. Taking note of the fact

that the matrimonial relationship had broken down

irretrievably the parties have taken the painful decision to

part ways after settling all their disputes. In accordance

with the arrangement entered, an affidavit sworn to by

the wife is also placed on record, wherein she expresses

her desire to put an end to the criminal prosecution

initiated against her husband and relatives.

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.

Crl.M.C. No.569 of 2017 -3-

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

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-

1 final report and all proceedings pursuant thereto against

Crl.M.C. No.569 of 2017 -4-

the petitioners now pending as C.C.No.1773 of 2014 on the

file of the Judicial Magistrate of 1st Class, Vatakara are

quashed.

Sd/-

RAJA VIJAYARAGHAVAN.V.,
JUDGE

kp/03.02.17

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