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Jasir Abdul Rahman vs State Of Kerala on 26 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 26TH DAY OF NOVEMBER 2018 / 5TH AGRAHAYANA, 1940

Crl.MC.No. 7356 of 2018

CRIME NO. 829/2017 OF VATAKARA POLICE STATION, KOZHIKODE NOW
PENDING AS C.C. NO.967/2017 OF JFCM COURT, VATAKARA

PETITIONERS/ACCUSED 1-3:

1 JASIR ABDUL RAHMAN,
AGED 31 YEARS,
S/O ABDUL RAHMAN, JASIR MAHAL,
KOTTEKKANDY, KARTHIKAPALLI, EDACHERY,
KOZHIKODE, PIN-673542.

2 ASYA, W/O.ABDUL RAHMAN,
AGED 47 YEARS, JASIR MAHAL, KOTTEKKANDY,
KARTHIKAPALLI, EDACHERY, KOZHIKODE, PIN – 673 542.

3 JASIM, S/O.ABDUL RHAMAN,
AGED 27 YEARS, JASIR MAHAL, KOTTEKKANDY,
KARTHIKAPALLI, EDACHERY, KOZHIKODE, PIN – 673 542.

BY ADVS.
SRI.K.RAKESH ROSHAN
SMT.THUSHARA.V

RESPONDENTS/STATE DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
(IN THE CRIME NO.829/2017 NOW PENDING AS C.C
NO.967/2017 ON THE FILE OF JFMC-1 VATAKARA)
ERNAKULAM-31, PIN – 682 031.

2 JAMSHIDA, D/O JAFER,
MALAYIL BITHUL MARIYAM, MISSION COMPOUND,
PUTHUPANAM, VATAKARA,
KOZHIKODE DISTRICT, PIN – 673 105.

BY ADV. SRI.GHOSH YOHANNAN

OTHER PRESENT:
SR. PUBLIC PROSECUTOR SRI. AMJAD ALI

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC:7356/18 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.967 of 2017 on the file of the Judicial Magistrate of First

Class, Vatakara. 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 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.

5. I have considered the submissions advanced.
Crl.MC:7356/18 3

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.

In the result, this petition will stand allowed. Annexure-1

final report and all proceedings pursuant thereto against the
Crl.MC:7356/18 4

petitioners now pending as C.C.No.967 of 2017 on the files of the

Judicial Magistrate of First Class, Vatakara are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ

//TRUE COPY// P.A. TO JUDGE
Crl.MC:7356/18 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE FINAL REPORT FILED BY
VATAKARA POLICE IN CRIME NO.829/2017,
WHICH IS PENDING AS C.C.NO.967/2017 OF
JFCM COURT, VATAKARA.

ANNEXURE 2 TRUE COPY OF THE AGREEMENT IN BETWEEN 1ST
PETITIONER AND 2ND RESPONDENT BEFORE A
NOTARY PUBLIC.

ANNEXURE 3 ORIGINAL AFFIDAVIT SWORN BY 2ND
RESPONDENT.

RESPONDENTS’ EXHIBITS:NIL

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