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
..2..
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
..6..
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