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Muhammed Sinas vs State Of Kerala on 27 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY ,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940

Crl.MC.No. 7705 of 2018

CC 1327/2016 of J.M.F.C., PATTAMBI

CRIME NO. 391/2016 OF THRITHALA POLICE STATION , PALAKKAD

PETITIONERS/ACCUSED:

1 MUHAMMED SINAS
AGED 30 YEARS
S/O. ABDUL AZEEZ, PUTHANVALAPPIL HOUSE, MEZATHUR
VILLAGE, DESOM, THRITHALA TALUK, PALAKKAD DISTRICT.

2 FATHIMA
AGED 60 YEARS
W/O. ABDUL AZEEZ, PUTHANVALAPPIL HOUSE,
MEZATHUR VILLAGE, DESOM, THRITHALA TALUK,
PALAKKAD DISTRICT.

3 ABDUL SHIHAB
AGED 25 YEARS
S/O. ABDUL AZEEZ, PUTHANVALAPPIL HOUSE,
MEZATHUR VILLAGE, DESOM, THRITHALA TALUK,
PALAKKAD DISTRICT.

4 BULKEES,
AGED 27 YEARS
D/O. ABDUL AZEEZ, PUTHANVALAPPIL HOUSE,
MEZATHUR VILLAGE, DESOM, THRITHALA TALUK,
PALAKKAD DISTRICT.

BY ADV. SRI.RAJIT

RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
Crl.MC.No. 7705 of 2018 2

2 RAMSHEEDA
AGED 24 YEARS
D/O. SAINUDHEEN, CHOLAYIL HOUSE,
KOODALLUR VILLAGE DESOM, PATTAMBI, THALUK,
PALAKKAD DISTRICT – 679 303.

BY ADV. SRI.V.V.JOY

SRI T R RENJITH PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7705 of 2018 3

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.1327 of 2016 on the file of the Judicial Magistrate of First

Class, Pattambi. The 1st petitioner is her husband and the petitioners

2 to 4 are his near relatives. They are being proceeded against for

having committed offence punishable under Sections 323, 324, 506,

498A r/w Section 34 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 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 2nd respondent has been recorded

and the State has no objection in terminating the proceedings as it

involves no public interest.

5. I have considered the submissions advanced.
Crl.MC.No. 7705 of 2018 4

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.

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

final report and all proceedings pursuant thereto against the
Crl.MC.No. 7705 of 2018 5

petitioners now pending as C.C.No.1327 of 2016 on the files of the

Judicial Magistrate of First Class, Pattambi are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
Crl.MC.No. 7705 of 2018 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FIR REGISTERED
AGAINST PETITIONERS FILED BY THE THRITHALA
POLICE BEFORE THE LEARNED JUDICIAL FIRST
CLASS MAGISTRATE COURT.

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT FILED BY
THE THRITHALA POLICE BEFORE THE LEARNED
JUDICIAL FIRST CLASS MAGISTRATE COURT.

ANNEXURE C TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT.

RESPONDENTS’ EXHIBITS:

NIL

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