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