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Jaffer Sadhique B. vs State Of Kerala on 28 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940

Crl.MC.No. 7762 of 2018

IN CC NO.855/2018 ON THE FILES OF THE J.M.F.C.-I, HOSDRUG

CRIME NO.596/2017 OF CHANDERA POLICE STATION, KASARAGOD

PETITIONERS/ACCUSED 1 TO 3:

1 JAFFER SADHIQUE B., AGED 35 YEARS,
S/O SULAIMAN, SAJIDHA MANZIL, NEAR L P SCHOOL,
TGP XII-326, AYITTY, THRIKKARIPPUR NORTH,
KASARAGOD DISTRICT-671310.

2 NABEEZA B., AGED 59 YEARS,
W/O SULAIMAN, SAJIDHA MANZIL, NEAR L P SCHOOL,
TGP XII-326, AYITTY, THRIKKARIPPUR NORTH,
KASARAGOD DISTRICT-671310.

3 SAJIDHA B., AGED 30 YEARS,
W/O. SHASUDHEEN,, SAJIDHA MANZIL, NEAR L P SCHOOL, TGP
XII-326, AYITTY, THRIKKARIPPUR NORTH,
KASARGOD DISTRICT-671310.

BY ADV. SRI.P.K.SUBHASH

RESPONDENTS/DE FACTO COMPLAINANT/STATE:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031

2 AYISHA P., AGED 26 YEARS,
W/O.AMEER ALI, PARATHICHAL HOUSE,
PARATHICHAL ,UDINOOR VILLAGE, HOSDURG TALUK, KASARAGOD
DISGRICT-671 315

BY ADV. SMT.S.ANU

OTHER PRESENT:
SRI. T. R. RENJITH -PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.11.2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC:7762/18 2

ORDER

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

No.855 of 2018 on the file of the Judicial First Class Magistrate-I,

Hosdurg. The petitioners herein are the husband and in-laws of the

2nd respondent and they are being proceeded against for having

committed offence punishable under Section 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:7762/18 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 Section 482 of the Code to quash the

proceedings.

Crl.MC:7762/18 4

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

report and all proceedings pursuant thereto against the petitioners

now pending as C.C.No.855 of 2018 on the file of the Judicial First

Class Magistrate-I, Hosdurg are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj

//TRUE COPY// P.A. TO JUDGE
Crl.MC:7762/18 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF HE F.I.R IN CRIME
NO.96/2017 OF CHANDERA POLICE STATION,
KASARAGOD DISTRICT

ANNEXURE-AII CERTIFIED COPY OF THE FINAL REPORT

ANNEXURE-AIII A TRUE COPY OF HE AFFIDAVIT SWORN BY THE
RESPONDENT NO2 ENDORSING THE FACTUM OF
COMPOUNDING OF THE SAID OFFCENCES AND THE
SETTLEMENT OF THE DISPUTE

RESPONDENTS’ EXHIBITS:-NIL

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