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Judgments of Supreme Court of India and High Courts

Muhammed vs State Of Kerala on 28 January, 2019

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.

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