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Judgments of Supreme Court of India and High Courts

Cc.No. 365/2015 Of Judicial First … vs Iqbal 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. 542 of 2017 ()
————————–
CC.NO. 365/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
PARAPPANANGADI
CRIME NO. 56/2015 OF TIRURANGADI POLICE STATION,MALAPPURAM DISTRICT
———————-

PETITIONERS/ACCUSED NOS:1 TO 3:
——————————————————

1. IQBAL,
AGED 36 YEARS, S/O.HAMZA,
PUTHUNGKOTTU HOUSE, MANALANCHERY,
THIRUNELLAYI, NEAR MERCY COLLEGE,
PALAGHAT DISTRICT.

2. SUHARABI,
AGED 66 YEARS, W/O.HAMZA, PUTHUNGKOTTU HOUSE,
MANALANCHERY, THIRUNELLAYI, NEAR MERCY COLLEGE,
PALAGHAT DISTRICT.

3. JASEENA,
AGED 27 YEARS,D/O.HAMZA, PUTHUNGKOTTU HOUSE,
MANALANCHERY,THIRUNELLAYI,NEAR MERCY COLLEGE,
PALAGHAT DISTRICT.

BY ADV. SRI.P.K.MOHAMED JAMEEL

RESPONDENTS/COMPLAINANTS:
—————————————————

1. NUSAIBA PARIPARAMBATH,
AGED 32 YEARS, D/O.LATE MUHAMMEDKUTTY,
PARIPARAMBATH HOUSE, ANNIPARAMBATH,
PATHINARRUNGAL.P.O, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.

2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682 031.

R1 BY ADV. SRI.JINU JOSEPH
R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

Crl.MC.No. 542 of 2017 ()
————————————

APPENDIX

PETITIONER(S)’ ANNEXURES:
——————————————–

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.56/2015 OF
TIRURANGADI POLICE STATION

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

RESPONDENT(S)’ ANNEXURES: NIL
———————————————

/TRUE COPY/

P.A.TO JUDGE

sts

RAJA VIJAYARAGHAVAN.V., J
– – – – – – – – – – – – – – – – – – – –
Crl.M.C. No. 542 of 2017
– – – – – – – – – – – – – – – –
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 1st respondent, who

is the wife of the 1st petitioner, Crime No.56 of 2015 of

the Thirurangadi Police Station was registered and

investigation was taken up for offences punishable under

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

on its completion final report was laid before the Judicial

Magistrate of First Class-I, Parappanangadi, where the

same is pending as C.C.No.365 of 2015. 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.542 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, 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 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.

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.542 of 2017 -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-

A1 final report and all proceedings pursuant thereto against

the petitioners now pending as C.C.No.365 of 2015 on the

file of the Judicial Magistrate of 1st Class-I, Prappanangadi

are quashed.

Sd/-

RAJA VIJAYARAGHAVAN.V.,
JUDGE
kp/02.02.17

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