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Judgments of Supreme Court of India and High Courts

Muhammedali vs State Of Kerala on 29 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY ,THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940

Crl.MC.No. 8585 of 2018

CC 997/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
PERINTHALMANNA

CRIME NO. 1203/2014 OF PERINTHALMANNA POLICE STATION ,
MALAPPURAM

PETITIONER/S:

1 MUHAMMEDALI
AGED 40 YEARS
S/O. KUNJIPU, KAANJIRATHINKAL HOUSE,
ARAKKUPARAMBU, KOMMAKKALKUNNU, NATTUKAL,
MALAPPURAM DISTRICT.

2 AYISHA, AGED 59 YEARS
W/O. KUNJIPU,KAANJIRATHINKAL HOUSE,
ARAKKUPARAMBU, KOMMAKKALKUNNU, NATTUKAL,
MALAPPURAM DISTRICT.

3 ABDURAHIMAN, AGED 30 YEARS
S/O. KUNJIPU, KAANJIRATHINKAL HOUSE,
ARAKKUPARAMBU, KOMMAKKALKUNNU, NATTUKAL,
MALAPPURAM DISTRICT.

BY ADV. SRI.P.SAMSUDIN

RESPONDENT/S:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA ERNAKULAM 682 031.
(CRIME NO. 1203/2014 OF PERINTHALMANNA POLICE
STATION IN MALAPPURAM DISTRICT)
Crl.MC.No. 8585 of 2018

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2 RAHMATH
AGED 31 YEARS
D/O. ABOOBACKER, KOLOTHODI HOUSE, PALODE P.O,
THANCHANAATTUKARA, MANNARKKAD TALUK, PALAKKAD
DISTRICT, PIN 678 583.

BY ADV. SRI.BIJU GEORGE

OTHER PRESENT:
SRI T R RENJITH PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.01.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.No. 8585 of 2018

..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 1st

petitioner. Petitioner Nos.2 and 3 are the parents of the 1 st

petitioner. The 2nd respondent specifically alleges that the

petitioners are 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. 997 of

2015 on the files of the Judicial Magistrate of First Class-II,

Perinthalmanna. In the aforesaid case, the petitioners are

accused of having committed offences punishable under

Section 498A, 323 406 r/w. Section 34 of the IPC.

3. The learned Counsel appearing for the

petitioners submitted that at the instance of well wishers
Crl.MC.No. 8585 of 2018

..4..

and family members, the parties have decided to put an

end to their discord and have decided to part ways. It is

urged that the dispute is purely private in nature.

4. 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.

5. The learned Public Prosecutor after getting

instructions has submitted that the statement of the 2 nd

respondent has been recorded and she has stated in

unequivocal terms that the settlement arrived at is

genuine.

6. I have considered the submissions advanced.
Crl.MC.No. 8585 of 2018

..5..

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.

8. Having considered all the relevant

circumstances, I am of the considered view that this Court
Crl.MC.No. 8585 of 2018

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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-A2 final report and all proceedings pursuant

thereto against the petitioners now pending as C.C.No.

997 of 2015 on the files of the Judicial Magistrate of First

Class-II, Perinthalmanna are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE
Crl.MC.No. 8585 of 2018

..7..

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. NO.

1203/2014 OF PERINTHALMANNA POLICE
STATION.

ANNEXURE A2 TRUE COPY OF FINAL REPORT IN CRIME NO.

1203/2014 OF PERINTHALMANNA POLICE
STATION

ANNEXURE A3 THE ORIGINAL AFFIDAVIT SWORN IN BY 2ND
RESPONDENT (DE-FACTO COMPLAINANT)
DATED 07-12-2018.

Bka/29.01.2019

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