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Mohammed Basheer vs State Of Kerala on 23 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940

Crl.MC.No. 8241 of 2018

CC 783/2015 of J.M.F.C.-II,HOSDRUG

CRIME NO. 819/2011 OF HOSDURG POLICE STATION, KASARGOD

PETITIONERS/ACCUSED:

1 MOHAMMED BASHEER,
S/O. MOHAMMED KUNHI, AGED 37 YEARS, BADIRA,
AJANOOR, KASABA VILLAGE, KASARGOD DISTRICT,
PIN-671 315.

2 MOHAMMED KUNHI B.K.,
S/O. KUNHAMMED, AGED 83 YEARS, BADIRA, AJANOOR,
KASABA VILLAGE, KASARGOD DISTRICT, PIN-671 315.

3 P.P. RAZAK, AGED 38 YEARS
S/O. MOIDU P.P.,KOYILANI, KOYENDE VALAPPIL HOUSE,
KOZHIKODE DISTRICT, PIN-681 243.

4 MAIMOONA B., AGED 33 YEARS.
W/O. P.P. RAZAK, KOYILANI, KOYENDE VALAPPIL HOUSE,
KOZHIKODE DISTRICT, PIN-681 243.

BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM

RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031

2 THAHIRA M., D/O. ABDUL RAHIMAN,
R/AT VANIYANPARA, V.P. ROAD, CHITHARI VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671 315.

BY ADV. SRI.NIRMAL V NAIR
SRI T. R. RENJITH – PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8241 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.783 of 2015 on the file of the Judicial First Class Magistrate Court-

II, Hosdurg. The 1st petitioner is the husband of the 2nd respondent

and petitioners 2 to 4 are his near relatives. 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 Annexure-A2 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. 8241 of 2018 3

5. I have considered the submissions advanced and have

perused the materials on record.

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. 8241 of 2018 4

In the result, this petition will stand allowed. Annexure-A1 final

report and all proceedings pursuant thereto against the petitioners

now pending as C.C.No.783 of 2015 on the file of the Judicial First

Class Magistrate Court-II, Hosdurg are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE
IAP
Crl.MC.No. 8241 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 A TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 819 OF 2011 OF HOSDURG POLICE STATION.

ANNEXURE A2 AFFIDAVIT DATED 25.10.2018 SUBMITTED BY 2ND
RESPONDENT.

RESPONDENTS’ EXHIBITS:

NIL

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