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Hussain vs State Of Kerala on 7 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY, THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940

Crl.MC.No. 7665 of 2018

CC 526/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,PARAPPANANGADI

CRIME NO. 27/2012 OF THIRURANGADI POLICE STATION, MALAPPURAM

PETITIONERS/ACCUSED:

1 HUSSAIN,
AGED 41 YEARS,
S/O KUNHIKOYA,
PUTHIYODATH HOUSE,
KOZHICHENA P.O.,
TIRURANGADI TALUK,
MALAPPURAM DISTRICT.

2 MOIDUTTI,
AGED 51 YEARS,
S/O KUNHIKOYA,
PUTHIYODATH HOUSE,
KOZHICHENA P.O.,
TIRURANGADI TALUK,
MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE,
TIRURANGADI POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT
OF KERALA, ERNAKULAM.

2 AMINA,
AGED 40 YEARS,
D/O MOIDUTTI, MELEPATT HOUSE, KODINHI AMSOM DESOM, NANNAMBRA,
KODINHI POST, TIRURANGADI TALUK, MALAPPURAM DISTRICT-676309.

R1 SMT SHEEBA K, PUBLIC PROSECUTOR
R2 BY ADV. SRI.PRINSUN PHILIP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.12.2018, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7665 of 2018 2

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.526 of 2012 on the file of the Judicial First Class

Magistrate-I, Parappanangadi. The petitioners herein are the

husband and in-law of the 2nd respondent and they are being

proceeded against for having committed offences punishable

under Sections 406 and 498A 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 an affidavit stating that she does not wish

to continue with the prosecution proceedings against the

petitioners.

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.No. 7665 of 2018 3

5. I have considered the submissions advanced.

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. 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
Crl.MC.No. 7665 of 2018 4

Section 482 of the Code to quash the proceedings.

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

final report and all proceedings pursuant thereto against the

petitioners now pending as C.C.No.526 of 2012 on the file of the

Judicial First Class Magistrate-I, Parappanangadi are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/-

//TRUE COPY// P.A. TO JUDGE
Crl.MC.No. 7665 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF F.I.R. IN CRIME
NO.27/2012 OF TIRURANGADI POLICE STATION
DATED 13.1.2012

ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.27/2012 OF TIRURANGADI POLICE
STATION DATED 28.2.2012

ANNEXURE III THE ORIGINAL OF THE AFFIDAVIT DATED
22.10.2018 EXECUTED BY THE SECOND
RESPONDENT

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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