SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Hamsakkoya vs State Of Kerala on 28 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940

Crl.MC.No. 200 of 2019

IN CC 1344/2016 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST
CLASS, PARAPPANANGADI

CRIME NO.522/2016 OF THIRURANGADI POLICE STATION, MALAPPURAM

PETITIONERS/ACCUSED:

1 HAMSAKKOYA, AGED 37 YEARS,
S/O.MUHAMMED, PALLIPPARAMBAN HOUSE, THAVARAPARAMBU,
KAVANNUR.P.O., AREACODE, MALAPPURAM DISTRICT.

2 NABEESA, AGED 59 YEARS,
W/O.MUHAMMED, PALLIPPARAMBAN HOUSE, THAVARAPARAMBU,
KAVANNUR.P.O., AREACODE, MALAPPURAM DISTRICT.

3 SEANATH, AGED 39 YEARS,
D/O.MUHAMMED, PALLIPPARAMBAN HOUSE, THAVARAPARAMBU,
KAVANNUR.P.O., AREACODE, MALAPPURAM DISTRICT.

BY ADV. SRI.R.RANJITH (MANJERI)

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
FOR THE SUB INSPECTOR OF POLICE,
CHERPULASSERY POLICE STATION,
PALAKKAD DISTRICT-670001.

2 RAIHANATH, AGED 35 YEARS,
D/O.MUHAMMED KUTTY, MANNANCHERI HOUSE,
THENNALA AMSOM, UPPALA DESOM, ARAKKAL.P.O.,
THIRURANGAADI TALUK, PALAKKAD DISTRICT-670001.

BY ADV. SRI.A.P.NIDHIN KUMAR
CRL.MC:200/2019 2

OTHER PRESENT:
SRI. AMJAD ALI-SENIOR PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:200/2019 3

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (“the Code” for brevity).

2. The 2nd respondent is the de facto complainant in C.C.

No.1344 of 2016 on the file of the Judicial First Class Magistrate Court,

Parappanangadi. The 1st petitioner is the husband of the 2 nd

respondent and petitioners 2 and 3 are his near relatives. They are

being proceeded against for having committed offence punishable

under Sections 498A and 406 r/w. Section 34 of the IPC.

3. The instant petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 2nd

respondent has filed Annexure-B affidavit stating that she does not

wish to continue with the prosecution proceedings against the

petitioners herein.

4. The learned Public Prosecutor has obtained instructions. He

submitted that the statement of the 2 nd respondent has been recorded

and the State has no objection in terminating the proceedings as it

involves no public interest.

CRL.MC:200/2019 4

5. I have considered the submissions advanced and have

perused the materials on record.

6. In Gian Singh v. State of Punjab [(2012) 10 SCC 303]

and in Narinder Singh v. State of Punjab [(2014) 6 SCC 466], the

Apex Court has laid down that in appropriate cases, the High Court

can take note of the amicable resolution of disputes between the

victim and the wrongdoer to put an end to the criminal proceedings.

Further in Jitendra Raghuvanshi Others v. Babita Raghuvanshi

Another [(2013) 4 SCC 58], it was observed 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, the courts should not 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 interest of

justice also require that the proceedings be quashed.

7. Having considered all the relevant circumstances, I am of

the considered view that this Court will be well justified in invoking its

extraordinary powers under Section 482 of the Code to quash the

proceedings.

CRL.MC:200/2019 5

In the result, this petition will stand allowed. Annexure-A final

report and all proceedings pursuant thereto against the petitioners

now pending as C.C. No.1344 of 2016 on the file of the Judicial First

Class Magistrate Court, Parappanangadi are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj
CRL.MC:200/2019 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT/CHARGE
IN CRIME NO.522/2016 OF THE THIRURANGADI
POLICE STATION.

ANNEXURE B TRUE COPY OF AFFIDAVIT SWORN TO BY THE 2ND
RESPONDENT DATED 04/05/2018.

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

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