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Judgments of Supreme Court of India and High Courts

Jamshik K. vs State Of Kerala on 15 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY ,THE 15TH DAY OF FEBRUARY 2019 / 26TH MAGHA, 1940

Crl.MC.No. 1030 of 2019

CC NO.331/2018 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST
CLASS -III, KOZHIKODE

CRIME NO.858/2016 OF KASABA POLICE STATION, KOZHIKODE

PETITIONER/ACCUSED:

JAMSHIK K., AGED 41 YEARS,
S/O. ALIKOYA, CHIRAKKALPARAMBA HOUSE,
POKKUNNU P.O, GURUVAYURAPPAN COLLEGE,
KOZHIKODE -673 014

BY ADV. SMT.S.SMITHA (PARAKKAL)

RESPONDENTS/COMPLAINANT DE FACTO COMPLAINANT:

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

2 SHABILA T.P.
AGED 30 YEARS, D/O. ABU, THOTTILPEEDIKA HOUSE,
CHEVARAMBALAM P.O, KOZHIKODE.

BY ADV. SMT.KEERTHANA J. RAMESH

OTHER PRESENT:
SRI. RAMESH CHAND PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1030 of 2019 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.331 of 2018 on the file of the Judicial First Class Magistrate-III,

Kozhikode. The petitioner herein is the husband of the 2 nd respondent

and he is being proceeded against for having committed offence

punishable under Sections 498A and 406 of the IPC.

3. This 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 petitioner.

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. 1030 of 2019 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.

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.No. 1030 of 2019 4

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

report and all proceedings pursuant thereto against the petitioner now

pending as C.C.No.331 of 2018 on the file of the Judicial First Class

Magistrate-III, Kozhikode are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
//TRUE COPY// P.A.TO JUDGE
AVS
Crl.MC.No. 1030 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF FINAL REPORT DT.

16.7.2018 IN C.C.331/2018 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT-III-KOZHIKODE.

ANNEXURE B AFFIDAVIT DTD. 2.2.2019 SWORN BY THE 2ND
RESPONDENT.

RESPONDENTS’EXHIBITS:

NIL

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