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Shabeer vs State Of Kerala on 10 December, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940

Crl.MC.No. 8049 of 2018

CC NO.2063/2018 ON THE FILES OF THE JMFC-V, THIRUVANANTHAPURAM
(SPL.COURT-MARKLIST CASES)

CRIME NO.58/2018 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM

PETITIONERS/ACCUSED 1 TO 4:

1 SHABEER, AGED 30 YEARS,
S/O. BASHEER, SHAJEER MANZIL, T.C.NO.99/978,
POUNDUKADAVU, ATTIPRA VILLAGE, THIRUVANANTHAPURAM.

2 BASHEER, AGED 60 YEARS,
S/O. MOHAMMED MUSTAFA, SHAJEER MANZIL,
T.C.NO.99/978, POUNDUKADAVU, ATTIPRA VILLAGE,
THIRUVANANTHAPURAM.

3 AISHA BEEVI, AGED 55 YEARS,
D/O. THORA UMMA, SHAJEER MANZIL,
T.C.NO.99/978, POUNDUKADAVU, ATTIPRA VILLAGE,
THIRUVANANTHAPURAM.

4 SHAJEENA, AGED 33 YEARS,
S/O. AISHA BEEVI, SHAJEER MANZIL,
T.C.NO.99/978, POUNDUKADAVU, ATTIPRA VILLAGE,
THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENTS/STATE CW1:
1 STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
THUMBA POLICE STATION,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KEALA, ERNAKULAM-682031.

2 AHANA FATHIMA, AGED 19 YEARS,
D/O. LAILA BEEVI, PALLINADA VEEDU,
POWNDUKADAVU, ATTIPRA,VALIYAVELI P.O,
THIRUVANANTHAPURAM-695029.
CRL.MC:8049/18 2

BY ADV. SRI.A.K.RAJESH

OTHER PRESENT:
SRI. T. R. RENJITH -PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC:8049/18 3

ORDER

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

Procedure.

2. The petitioners herein are the accused Nos.1 to 4 in

C.C.No.2063 of 2018 on the file of the Judicial Magistrate of First

Class-V, Thiruvananthapuram. In the aforesaid case, they are being

proceeded against for having committed offence punishable under

Sections 498A, 294(b), 354, 323 506(i) r/w. Section 34 of the IPC.

The 2nd respondent, who is the wife of the 1 st petitioner, is the de

facto complainant.

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 Annexure-B 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:8049/18 4

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:8049/18 5

In the result, this petition will stand allowed. Annexure-A final

report and all proceedings pursuant thereto against the petitioners

now pending as C.C.No.2063 of 2018 on the file of the Judicial

Magistrate of First Class-V, Thiruvananthapuram are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ

//TRUE COPY// P.A. TO JUDGE
CRL.MC:8049/18 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.58/2018 OF THUMBA POLCIE STATION.

ANNEXURE B AFFIDAVIT SWORN BY THE 2ND RESPONDENT.

RESPONDENTS’ EXHIBITS:-NIL

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