IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940
Crl.MC.No. 896 of 2019
SC 243/2014 of ADDITIONAL SESSIONS COURT-I, MANJERI
CRIME NO. 483/2012 OF Melattur Police Station, Malappuram
1 MOHAMMED RISHAD, AGED 35 YEARS,
S/O. MOHAMMED ASHARAF, KURUMBAYIL HOUSE, PATTIKKAD P.O,
2 MOHAMMED ASHARAF, AGED 65 YEARS,
KURUMBAYIL HOUSE, PATTIKKAD P.O, MALAPPURAM DISTRICT.
3 RAMLA P., AGED 54 YEARS,
W/O. MOHAMMED ASHARAF, KURUMBAYIL HOUSE, PATTIKKAD P.O,
4 RISHNA K, AGED 33 YEARS,
W/O. BINU NOUFAL, KEVUDAN PARADISE, HIGH SCHOOL PADI, WANDOOR
ROAD, PANDIKKAD, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE DE FACTO COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031.
2 SHAMNA MOL, AGED 25 YEARS,
D/O. MOHAMMED ASHRAF, ULLATTUPARA, MULLYAKURSI AMSOM,
PATTIKKAD P.O, PERINTHALMANNA TALUK,
MALAPPURAM DISTRICT, PIN -679 325.
R2 BY ADV. SRI.K.S.PRAVEEN
R1 BY SRI AMJAD ALI, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.02.2019, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 896 of 2019 2
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
S.C.No.243 of 2014 on the file of the Additional Sessions Court-I,
Manjeri. The 1st petitioner herein is the husband of the de facto
complainant and the petitioners 2 to 4 are his near relatives. They are
being proceeded against for having committed offences punishable
under Sections 498A, 406, 323, 506(i) and 511 of 315 r/w. Section 34
of the IPC.
3. As per the charge laid before the jurisdictional court, the
allegation is that the petitioners herein subjected the 2 nd respondent to
cruelty and harassment and also forced her to consume tablets in an
attempt to terminate her pregnancy.
4. 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 petitioners.
Crl.MC.No. 896 of 2019 3
5. 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.
6. I have considered the submissions advanced and have gone
through the materials on record.
7. 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
Crl.MC.No. 896 of 2019 4
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-B
final report and all proceedings pursuant thereto against the
petitioners now pending as S.C.No.243 of 2014 on the file of the
Additional Sessions Court-I, Manjeri are quashed.
RAJA VIJAYARAGHAVAN V.,
DSV/13.2.19 //TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 896 of 2019 5
ANNEXURE A TRUE COPY OF THE F.I.R IN CRIME NO.
483/2012 OF THE MELATTOOR POLICE STATION
ANNEXURE B TRUE COPY OF THE FINAL REPORT/CHARGE IN
CRIME NO. 483/2012 OF THE MELATTOOR POLICE
ANNEXURE C AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT