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Judgments of Supreme Court of India and High Courts

Nasar M vs State Of Kerala on 28 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940

Crl.MC.No. 7632 of 2018

CC 980/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA

CRIME NO. 913/2012 OF MANNANCHERRY POLICE STATION, ALAPPUZHA

PETITIONERS/ACCUSED:

1 NASAR M.,
AGED 38 YEARS,
S/O.MUHAMUDKUNJU, DHARUL JAMEEL, KUTTICHIRA P.O,
ALAPUZHA DISTRICT.

2 JAMEELA,
W/O.MUHAMUDKUNJU, DHARUL JAMEEL, KUTTICHIRA P.O,
ALAPUZHA DISTRICT.

BY ADV. SRI.P.V.JEEVESH

RESPONDENTS/STATE INJURED PERSON:

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

2 JASNA,
AGED 34 YEARS,
W/O.NASAR, KULAKADU, MANNANCHERY P.O, ALAPUZHA
DISTRICT- 688526.

R1 BY SENIOR PUBLIC PROSECUTOR SRI. AMJATH ALI
R2 BY ADV. SRI.A.S.DHEERAJ

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7632 of 2018 2

ORDER

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

Procedure (“the Code” for brevity).

2. The 2nd respondent is the de facto complainant in C.C.

No.980 of 2013 on the file of the Judicial First Class Magistrate-I,

Alappuzha. The petitioners herein are the husband and in-laws of

the 2nd respondent and they are being proceeded against for having

committed offence punishable under Section 498A r/w. Section 34 of

the IPC.

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

proceedings on the ground of settlement of all disputes. The 2nd

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

continue with the prosecution proceedings against the petitioners.

4. The learned Public Prosecutor has obtained instructions.

He submitted that the statement of the 2 nd respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC.No. 7632 of 2018 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.

Crl.MC.No. 7632 of 2018 4

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.980 of 2013 on the file of the Judicial First

Class Magistrate-I, Alappuzha are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/-

//TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 7632 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF THE FIR IN CRIME NO.913 OF
2012 OF MANNANCHERY POLICE STATION.

ANNEXURE-A2 THE CERTIFIED COPY OF THE CHARGE SHEET IN

C.C.980/2013 PENDING ON THE FILES OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT 1.

ANNEXURE-A3 AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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