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Judgments of Supreme Court of India and High Courts

Nabeesa vs Ayishath Ramla on 13 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/ACCUSED:

NABEESA, AGED 54 YEARS,
W/O.LATE ABDULLA KUNHI, HAJIRA MANZIL,
PERWAD KADAPPURAM, KOIPADY VILLAGE, KASARGOD.

BY ADV. SRI.P.V.ANOOP

RESPONDENTS/COMPLAINANT STATE:

1 AYISHATH RAMLA, AGED 31 YEARS,
W/O. ISMAIL, PULLIKOOR HOUSE, MADHUR VILLAGE,
KASARGOD,PIN-671124.

2 STATION HOUSE OFFICER,
KUMBLA POLICE STATION, KSARARGOD DISTRICT,
PIN-671321.

3 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI-682031.

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

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.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.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
Crl.MC.No. 8702 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

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
23.10.2018/.

RESPONDENTS’ EXHIBITS:

NIL

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