IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 22ND DAY OF NOVEMBER 2018 / 1ST AGRAHAYANA, 1940
Crl.MC.No. 7326 of 2018
CC NO.876/2013 ON THE FILES OF THE J.M.F.C.-I, ATTINGAL
CRIME NO.952/2012 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
AGED 43 YEARS,
S/O ABDUL VAHID, FATHIMA MANZIL,
NEAR ALAMCODE VHSS, MAVARKKAL DESOM,
THIRUVANANTHAPURAM 695 102.
BY ADV. SRI.M.DINESH
RESPONDENTS/STATE DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
PIN – 682 031.
2 BINI, AGED 34 YEARS,
D/O LAILA BEEVI, BEENA MANZIL, GURUNAGAPPAN KAVU,
KEEZHATTINGAL DESOM, ALAMCODE P.O,
THIRUVANANTHAPURAM – 695 304.
R1 BY SR. PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7326 of 2018 2
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 petitioner.
2. The 2nd respondent is the wife of the petitioner. The
marriage between the petitioner and the 2 nd respondent was
solemnized on 17.01.2005. In the course of their connubial
relationship, serious disputes cropped up. The 2nd respondent
specifically alleges that the petitioner is guilty of culpable matrimonial
cruelty. This finally led to the institution of criminal proceedings at the
instance of the 2nd respondent. FIR was registered and after
investigation, final report was laid before the learned Magistrate and
the case is now pending as C.C.No.876 of 2013 on the files of the
Judicial Magistrate of First Class – I, Attingal. In the aforesaid case, the
petitioner is accused of having committed offence punishable under
Sections 498A r/w Section 34 of the IPC.
3. The learned counsel appearing for the petitioner submitted
that at the instance of well wishers and family members, the parties
have decided to put an end to their discord and have decided to go
separate ways. It is urged that the dispute is purely private in nature.
Crl.MC.No. 7326 of 2018 3
The learned counsel for the 2nd respondent, invited the attention of this
Court to the affidavit filed by her and asserts that the disputes inter se
have been settled and the continuance of criminal proceedings will
only result in gross inconvenience and hardship. It is submitted that
the 2nd respondent has no objection in allowing the prayer sought for.
4. The learned Public Prosecutor after getting instructions, has
submitted that the statement of the 2nd respondent has been recorded
and she has stated in unequivocal terms that the settlement arrived at
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
Crl.MC.No. 7326 of 2018 4
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
In the result, this petition will stand allowed. Annexure-A2
final report and all proceedings pursuant thereto against the petitioner
in C.C.No.876 of 2013 on the file of the Judicial First Class Magistrate
Court -I, Attingal are quashed.
RAJA VIJAYARAGHAVAN V
Crl.MC.No. 7326 of 2018 5
ANNEXURE A1 CERTIFIED COPY OF THE F.I.R.IN CRIME
NO.952/2012 OF ATTINGAL POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO.876/2013 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-1,ATTINGAL
WHICH AROSE FROM CRIME NO.952/2012 OF
ATTINGAL POLICE STATION.
ANNEXURE A3 TRUE COPY OF DEATH CERTIFICATE OF 2ND
PETITIONER/2ND ACCUSED ISSUED BY SUB
REGISTRAR OF BIRTHS AND DEATHS, MUNICIPAL
CORPORATION OF THIRUVANANTHAPURAM DATED
ANNEXURE A4 TRUE COPY OF COMPROMISE ENTERED BETWEEN 1ST
PETITIONER AND 2ND RESPONDENT IN
M.C.NO.431/2018 ON THE FILE OF FAMILY
COURT,ATTINGAL DATED 25.10.2018.
ANNEXURE A5 ORIGINAL OF NOTARIZED AFFIDAVIT BY THE 2ND
RESPONDENT DATED 25.10.2018.