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
