SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Muneer vs Shafna on 14 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY, THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940

Crl.MC.No. 8183 of 2018

AGAINST THE ORDER/JUDGMENT IN CC NO.738/2016 of J.M.F.C., VADAKKANCHERRY

CRIME NO.1057/2015 OF Vadakkanchery Police Station, Thrissur

PETITIONERS/ACCUSED:

1 MUNEER, AGED 30 YEARS,
S/O. UMMER HAJI, CHARALPEEDIKAYIL HOUSE, KUMARANELLUR,
WADAKKANCHERRY, THRISSUR DISTRICT.

2 UMMER HAJI, CHARALPEEDIKAYIL HOUSE, KUMARANELLUR,
WADAKKANCHERRY, THRISSUR DISTRICT.

3 RAMLA, CHARALPEEDIKAYIL HOUSE, KUMARANELLUR,
WADAKKANCHERRY, THRISSUR DISTRICT.

4 SUNEERA, CHARALPEEDIKAYIL HOUSE, KUMARANELLUR,
WADAKKANCHERRY, THRISSUR DISTRICT.

BY ADV. SRI.T.H.ABDUL AZEEZ

RESPONDENTS/DE FACTO COMPLAINANT STATE:

1 SHAFNA, W/O. MUNEER,
KIZHAKKETHIL HOUSE, KOTTOL, KARIKKAD,
NOW AT CHARALPEEDIKAYIL HOUSE, KUMARANELLOOR,
WADAKKANCHERRY P.O 680 582

2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY ADV. SRI.K.SHAMEER MOHAMMED

OTHER PRESENT:
SRI.T.R.RENJITH, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.12.2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:8183/18 2

ORDER

This petition is filed under Section 482 of the Code of Criminal

Procedure (“the Code” for brevity).

2. The 1st respondent is the de facto complainant in C.C.

No.738 of 2016 on the file of the Judicial First Class Magistrate

Court, Wadakkancherry. The petitioners are the husband and his

near relatives and they are being proceeded against for having

committed offence punishable under Sections 498A and 406 of the

Indian Penal Code.

3. The instant petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 1st

respondent has filed an affidavit stating that she does not wish to

continue with the prosecution proceedings against the petitioners.

She asserts that she is now residing with the petitioners and has no

further grievance.

4. The learned Public Prosecutor has obtained instructions.

He submitted that the statement of the 1st respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
CRL.MC:8183/18 3

5. I have considered the submissions advanced.

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. 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-I final

report and all proceedings pursuant thereto against the petitioners
CRL.MC:8183/18 4

now pending as C.C. No.738 of 2016 on the file of the Judicial First

Class Magistrate Court, Wadakkancherry are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj
//TRUE COPY// P.A.TO JUDGE
CRL.MC:8183/18 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 FREE COPY OF THE FINAL REPORT FILED BY THE

SUB INSPECTOR OF POLICE WADAKKANCHERRY
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, WADAKKANCHERRY

ANNEXURE II TRUE COPY OF THE ORDER DATED 4-6-2016 IN
G.OP NO. 1535/2015 BEFORE THE FAMILY COURT,
THRISSUR

ANNEXURE III TRUE COPY OF THE CERTIFICATE OF BIRTH OF THE
CHILD

ANNEXURE IV ORIGINAL AFFIDAVIT SWORN BY THE BY THE 1ST
RESPONDENT

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation