IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Crl.MC.No. 8702 of 2018
CC NO.253/2018 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST
CLASS -II, KASARAGOD
CRIME NO. 407/2017 OF KUMBLA POLICE STATION, KASARAGOD
NABEESA, AGED 54 YEARS,
W/O.LATE ABDULLA KUNHI, HAJIRA MANZIL,
PERWAD KADAPPURAM, KOIPADY VILLAGE, KASARGOD.
BY ADV. SRI.P.V.ANOOP
1 AYISHATH RAMLA, AGED 31 YEARS,
W/O. ISMAIL, PULLIKOOR HOUSE, MADHUR VILLAGE,
2 STATION HOUSE OFFICER,
KUMBLA POLICE STATION, KSARARGOD DISTRICT,
3 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
BY ADV. SRI.M.P.PRIYESHKUMAR
SRI. AMJAD ALI SR. PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8702 of 2018 2
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.253 of 2018 on the file of the Judicial First Class Magistrate Court-
II, Kasaragod. The petitioner herein is the mother-in-law of the 1 st
respondent and she is being proceeded against for having committed
offence punishable under Sections 324 and 498A of the IPC.
3. This petition is filed with a prayer to quash the proceedings
on the ground of settlement of all disputes. The 1st respondent has
filed Annexure-C affidavit stating that she does not wish to continue
with the prosecution proceedings against the petitioner.
4. The learned Public Prosecutor has obtained instructions. He
submitted that the statement of the 1 st respondent has been recorded
and the State has no objection in terminating the proceedings as it
involves no public interest.
Crl.MC.No. 8702 of 2018 3
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 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 view that this Court will be well justified in invoking its
extraordinary powers under Section 482 of the Code to quash the
proceedings against the petitioner.
Crl.MC.No. 8702 of 2018 4
In the result, this petition will stand allowed. Annexure-B final
report and all proceedings pursuant thereto against the petitioner now
pending as C.C.No.235 of 2018 on the file of the Judicial First Class
Magistrate Court-II, Kasaragod are quashed.
RAJA VIJAYARAGHAVAN V.,
Crl.MC.No. 8702 of 2018 5
ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO, 407/2017
OF KUMBLA POLICE STATION.
ANNEXURE B TRUE COPY OF THE FINAL REPORT IN CRIME NO,
407/2017 WHICH IS PENDING AS C.C.NO,
235/2018 ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-II, KASARAGOD.
ANNEXURE C AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED