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Mohammed Rias 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. 7769 of 2018

AGAINST CC NO.650/2017 ON THE FILES OF THE J.M.F.C.-II, NEDUMANGAD

CRIME NO.998/2015 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM

PETITIONERS/ACCUSED:

1 MOHAMMED RIAS, AGED 36 YEARS,
S/O.BASHEER, AYANIMOODU, VENKAVILA, IRINJAYAM,
NEDUMANGAD POST, THIRUVANANTHAPURAM-695 541.

2 BASHEER, AGED 68 YEARS,
S/O. ABOSHMANPILLA, AYANIMOODU, VENKAVILA,
IRINJAYAM, NEDUMANGAD POST,
THIRUVANANTHAPURAM 695 541.

3 SEMEENA, AGED 57 YEARS,
W/O. BASHEER, AYANIMOODU, VENKAVILA, IRINJAYAM,
NEDUMANGAD POST, THIRUVANANTHAPURAM 695 541.

BY ADV. SRI.RAM MOHAN.G.

RESPONDENTS/STATE DE FACTO COMPLAINANT:

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

2 THE STATION HOUSE OFFICER,
NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM RURAL,
NEDUMANGAD POST, THIRUVANANTHAPURAM-695 541.

3 NAJIYA, D/O.NOORJAHAN,
AGED 31 YEARS, AYANIMOOTTIL VEEDU,
CHITTAYATHUKONAM, CHELLAMCODE, VENKAVILA,
IRINJAYAM, NEDUMANGAD POST,
THIRUVANANTHAPURAM-695 541.

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:7769/18 2

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure.

2. The petitioners herein are the accused in C.C.No.650 of

2017 on the file of the Judicial Magistrate of First Class-II,

Nedumangad. In the aforesaid case, they are being proceeded

against for having committed offences punishable under Sections

294(b), 323 and 498A r/w. Section 34 of the IPC. The 3 rd

respondent, who is the wife of the 1st petitioner, is the de facto

complainant.

3. The instant petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 3rd

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 3 rd respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC:7769/18 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:7769/18 4

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

report and all proceedings pursuant thereto against the petitioners

now pending as C.C.No.650 of 2017 on the file of the Judicial

Magistrate of First Class-II, Nedumangad are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj
Crl.MC:7769/18 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A A CERTIFIED COPY OF THE FIR IN CRIME NO.

998 OF 2015 OF NEDUMANGAD POLICE STATION,
THIRUVANANTHAPURAM RURAL.

ANNEXURE B A CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO. 998 OF 2015 OF NEDUMANGAD
POLICE STATION, THIRUVANANTHAPURAM RURAL.

ANNEXURE C THE ORIGINAL AFFIDAVIT DATED 09-09-2018
SWORN TO BY THE SECOND RESPONDENT.

RESPONDENTS’ EXHIBITS:-NIL

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