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
