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Sadiq M. Vahab vs The State Of Kerala on 7 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 07TH DAY OF JANUARY 2019 / 17TH POUSHA, 1940

Crl.MC.No. 8812 of 2018

CC 1155/2017 of JUDICIAL FIRST CLASS MAGISTRATE COURT – III,
KOLLAM

CRIME NO. 1165/2017 OF Kollam West Police Station, Kollam

PETITIONERS/ACCUSED:

1 SADIQ M. VAHAB,
AGED 33 YEARS,
S/O.ABDUL VAHAB, MRA 128, HAYATH HOUSE,
MANAYILKULANGARA, KOLLAM WEST VILLAGE, KOLLAM
DISTRICT.

2 ABDUL VAHAB,
AGED 67 YEARS,
S/O.RAZAK, MRA 128, HAYATH HOUSE, MANAYILKULANGARA,
KOLLAM WEST VILLAGE, KOLLAM DISTRICT.

3 RAJULA VAHAB,
AGED 59 YEARS,
W/O.ABDUL VAHAB, MRA 128, HAYATH HOUSE,
MANAYILKULANGARA, KOLLAM WEST VILLAGE, KOLLAM
DISTRICT.

BY ADV. SRI.K.RAKESH

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI- 682031- FOR THE STATION
HOUSE OFFICER, KOLLAM WEST POLICE STATION, KOLLAM
DISTRICT.

2 SHANA SHIHAB, AGED 26 YEARS,
D/O.A.L.SHIHABUDHEEN, S.S.PARADISE, KANNANALLOOR
P.O., THRIKKOVILVATTOM VILLAGE, KOLLAM DISTRICT, PIN-
691576.

R2 BY ADV. SRI.K.S.PRAVEEN
R1 BY SENIOR PUBLIC PROSECUTOR SRI AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8812 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.1165 of 2017 on the file of the Judicial Magistrate of First

Class-III, Kollam. The 1st petitioner is the husband and the

petitioners 2 and 3 are his parents. They are being proceeded

against for having committed offence punishable under Section

498A r/w. Section 34 of the IPC.

3. The instant proceeding is initiated 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 submits that the statement of the 2nd respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC.No. 8812 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 extra ordinary powers

under Section 482 of the Code to quash the proceedings.

In the result, this petition will stand allowed.
Crl.MC.No. 8812 of 2018 4

Annexure-A final report and all proceedings pursuant thereto

against the petitioners now pending as C.C.No.1165 of 2017 on

the file of the Judicial First Class Magistrate Court-III, Kollam are

quashed.

SD/-

RAJA VIJAYARAGHAVAN V

JUDGE
DSV/- //TRUE COPY// P.A. TO JUDGE
Crl.MC.No. 8812 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT/CHARGE

IN CRIME NO.1165/2017 OF THE KOLLAM WEST
POLICE STATION.

ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE
2ND RESPONDENT DATED 19.11.2018.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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