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
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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:
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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:
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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
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APPENDIX
PETITIONER(S)’ ANNEXURES
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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
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NIL
//TRUE COPY//
P.S.TO JUDGE
msv/
RAJA VIJAYARAGHAVAN.V., J
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Crl.M.C. No. 569 of 2017
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Dated 2nd 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 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
