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Judgments of Supreme Court of India and High Courts

Shahansha vs State Of Kerala on 22 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940

Crl.MC.No. 253 of 2019

CRIME NO. 1435/2018 OF North Paravur Police Station, Ernakulam

PETITIONERS/ACCUSED NOS.1 2:

1 SHAHANSHA, AGED 30 YEARS,
S/O. MOOSA, VELINPARAMBIL HOUSE,
MANNAM, NORTH PARAMVUR,
ERNAKULAM (DISTRICT).

2 SAJITHA MOOSA, AGED 50 YEARS,
W/O. MOOSA, VELINPARAMBIL HOUSE, MANNAM,
NORTH PARAVUR, ERNAKULAM (DIST)

BY ADVS.
SRI.ANIL K.MUHAMED
SRI.V.S.MANSOOR

RESPONDENTS/COMPLAINANT DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682 031.

2 FATHIMA, W/O. MUHAMMEDALI, THANIYIL HOUSE,
THOTTAKKATTUKARA, ALUVA, ERNAKULAM (DIST) 683101.

R2 BY ADV. SMT.BINU K.B.

R1 BY SRI. T. R. RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 253 of 2019 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 Crime

No.1435 of 2018 of the North Paravur Police Station, Ernakulam

District. The petitioners herein are the husband and mother-in-

law of the 2nd respondent and they are proceeded against for

having committed offences punishable under Section 498A r/w.

Section 34 of the IPC.

3. The instant petition 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 submitted 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.

5. I have considered the submissions advanced.
Crl.MC.No. 253 of 2019 3

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 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. 253 of 2019 4

In the result, this petition will stand allowed.

Annexure-A first information report in Crime No.1435 of 2018 of

the North Paravur Police Station, Ernakulam District and all

proceedings pursuant thereto against the petitioners are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE

DSV/-

Crl.MC.No. 253 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF FIR IN CRIME NO. 1435 OF
2018 OF NORTH PARAVUR POLICE STATION.

ANNEXURE B AFFIDAVIT DTD. 21-06-2014 SWORN BY 2ND
RESPONDENT.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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