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Judgments of Supreme Court of India and High Courts

Noushad vs State Of Kerala 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. 8102 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 3/2017 of J.M.F.C. – I,
KARUNAGAPPALLY

CRIME NO. 2983/2016 OF Karunaagapally Police Station, Kollam

PETITIONERS/ACCUSED:

1 NOUSHAD, AGED 38 YEARS
S/O.POOKUNJU, VELAKUMBIL THEKKATHIL VEETTIL,
MYNAGAPPALLY NORTH MURI, MYNAGAPPALLY VILLAGE,
KOLLAM DISTRICT – 690 519.

2 SHEEJA, AGED 39 YEARS,
W/O.SHANU, S.S.MANZIL, VENGA MURI, SASTHAMCOTTA
VILLAGE, KOLLAM DISTRICT – 690 521.

3 POOKUNJU, AGED 69 YEARS,
S/O.ALIYARUKUNJU, VELAKUMBIL THEKKATHIL VEETTIL,
MYNAGAPPALLY NORTH MURI, MYNAGAPPALLY VILLAGE,
KOLLAM DISTRICT 690 519.

4 FATHIMA BEEVI, AGED 65 YEARS
W/O.POOKUNJU, VELAKUMBIL THEKKATHIL VEETTIL,
MYNAGAPPALLY NORTH MURI, MYNAGAPPALLY VILLAGE,
KOLLAM DISTRICT – 690 519.

5 HAMSA, AGED 48 YEARS,
S/O.IBRAHIMKUTTY, SAJEENA MANZIL, NEAR MALUMEL
KADAVU, VENGARA MURI, KALLELIBHAGOM VILLAGE,
KOLLAM DISTRICT – 690 519.

BY ADVS.
SRI.K.SIJU
SMT.S.SEETHA

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
THROUGH THE SUB INSPECTOR OF POLICE,
KARUNAGAPPALLY POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
Crl.MC:8102/18 2

2 SHAHNAS, AGED 32 YERS,
D/O.SHAHIDA, SHEENATHIL BHAVAN,
EAST OF MUNDAPPADAM LODGE, PADA NORTH,
KARUNGAPPALLY VILLAGE, KOLLAM – 690 518.

BY ADV. SRI.A.MUHAMMED RAFFI

OTHER PRESENT:
SRI.AMJAD ALI, SR.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:8102/18 3

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.3 of 2017 on the file of the Judicial Magistrate of First Class,

Karunagappally. The 1st petitioner herein is the husband of the 2 nd

respondent and the petitioners 2 to 4 are the relatives of the 1 st

petitioner. 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.

5. I have considered the submissions advanced.
Crl.MC:8102/18 4

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-2

final report and all proceedings pursuant thereto against the
Crl.MC:8102/18 5

petitioners now pending as C.C.No.3 of 2017 on the file of the

Judicial Magistrate of First Class, Karunagappally are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
PS
//TRUE COPY// P.A.TO JUDGE
Crl.MC:8102/18 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 THE COPY OF FIR WITH FIS IN CRIME
NO.2983/2016 OF KARUNGAPPALLY POLICE
STATION.

ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME

2983/2016 OF KARUNGAPPALLY POLICE STATION.

ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT
REGARDING THE COMPROMISE DATED 26/11/2018.

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