IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940
Crl.MC.No. 147 of 2019
AGAINST CP NO.41/2018 ON THE FILES OF THE JUDICIAL MAGISTRATE OF
FIRST CLASS-I, MANANTHAVADY
CRIME NO. 134/2018 OF VELLAMUNDA POLICE STATION, WAYANAD
PETITIONERS/ACCUSED:
1 MUHAMMED, AGED 29 YEARS,
S/O.ABOOBACKER, USAF HOUSE, THARUVANA,
MANANTHAVADY, WAYANAD DISTRICT.
2 AASIA, AGED 54 YEARS,
W/O.ABOOBACKER, USAF HOUSE, THARUVANA,
MANANTHAVADY, WAYANAD DISTRICT.
3 SAFIYA, AGED 21 YEARS,
W/O.ASHRAF, PONNAN HOUSE, KUNDALA, KAMMANA.
4 ABOOBACKER, AGED 59 YEARS,
S/O.ANTHRU HAJI, USAF HOUSE, THARUVANA,
MANANTHAVADY, WAYANAD DISTRICT.
5 MYMOONA, AGED 25 YEARS,
W/O.SHAMEER, KARAMADU HOUSE, VILAMBUKANDUM,
MANANTHAVADY, WAYANAD DISTRICT.
BY ADV. SMT.CELINE JOSEPH
RESPONDENTS/STATE CW1:
1 STATE OF KERALA,
STATION HOUSE OFFICER, VELLAMUNDA POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 JUBAIRIYA K.K., D/O.USMAN, AGED 19 YEARS,
KUTHUKALLINGAL HOUSE, ANCHUKUNNU POST,
MANANTHAVADY TALUK, WAYANAD-670645.
BY ADV. SMT.M.R.JAYALATHA
CRL.MC:147/19 2
OTHER PRESENT:
SRI. T. R. RENJITH – PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:147/19 3
ORDER
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 petitioners.
2. The 2nd respondent is the wife of the 1 st petitioner. The
petitioners 2 and 4 are the parents of the 1 st petitioner and
petitioners 3 and 5 are his sisters. According to the prosecution,
the petitioners subjected the 2nd respondent to ill-treatment and
cruelty demanding dowry. At the instance of the 2 nd respondent,
Crime was registered and after investigation, final report was laid
before the jurisdictional court incorporating offence under
Sections 323, 498A and 308 read with Section 34 of the IPC. The
case is now pending as C.P.No.41 of 2018 on the files of the
Judicial Magistrate of First Class-I, Mananthavady.
3. The learned counsel appearing for the petitioners
submitted that at the instance of well wishers and family
members, the parties have decided to put an end to their discord.
It is urged that the dispute is purely private in nature. 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
CRL.MC:147/19 4
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,
submitted that the statement of the 2nd respondent has been
recorded and she has stated in unequivocal terms that the
settlement arrived at is genuine.
5. I have considered the submissions advanced and have
perused the materials on record.
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
CRL.MC:147/19 5
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 and all
proceedings pursuant thereto against the petitioners now pending
as C.P.No.41 of 2018 on the files of the Judicial Magistrate of First
Class-I, Mananthavady are quashed.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ
CRL.MC:147/19 6
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE FIR AND F.I.STATEMENT
DATED 27.04.2018 IN CRIME NO.134/18 OF THE
VELLAMUNDA POLICE STATION.
ANNEXURE B TRUE COPY OF THE CHARGE SHEET DATED
01.07.2018 IN CRIME NO.134/18 OF THE
VELLAMUNDA POLICE STATION.
ANNEXURE C TRUE COPY OF THE MEMORANDUM OF EVIDENCE IN
CRIME NO.134/18 OF THE VELLAMUNDA POLICE
STATION.
ANNEXURE D TRUE COPY OF THE WOUND CERTIFICATE DATED
30.05.2018 ISSUED FROM DISTRICT HOSPITAL,
WAYANAD DISTRICT.
ANNEXURE E AN AFFIDAVIT DATED 27.12.2018 AFFIRMED BY
THE 2ND RESPONDENT.
ANNEXURE F TRUE COPY OF THE AGREEMENT DATED 27.12.2018
ENTERED INTO BETWEEN THE PETITIONERS AND
THE 2ND RESPONDENT.
