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Shefeer vs 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. 8353 of 2018

CC 1297/2012 of J.M.F.C.,CHAVAKKAD

CRIME NO. 1166/2012 OF CHAVAKKAD POLICE STATION , THRISSUR

PETITIONERS/ACCUSED 1-3:

1 SHEFEER,
AGED 32 YEARS
S/O MOIDUNNY,THERUVATHUVEETTIL,
PALUVAI P.O.CHAVAKKAD,THRISSUR DISTRICT

2 MOIDUNNY,
AGED 61 YEARS
S/O MOIDUTTY,THERUVATHUVEETTIL,
PALUVAI P.O.CHAVAKKAD,THRISSUR DISTRICT

3 SAFIA,
AGED 54 YEARS, W/O MOIDUNNY,
THERUVATHUVEETTIL,PALUVAI P.O.CHAVAKKAD,
THRISSUR DISTRICT

BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER

RESPONDENTS/COMPLAINANT CW.1-3:
1 STATE OF KERALA,
REPRESENTING SUB INSPECTOR OF POLICE,CHAVAKKAD POLICE
STATION,THRISSUR,REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.

2 AYISHA AMBILY
AGED 28 YEARS
D/O AMBILY,AASARIPARAMBIL LANE,
THAMMANAM ROAD,PALARIVATTOM,ERNAKULAM DISTRICT,
NOW RESIDING AT AYSHA MANZIL,KANNAMKODE,
ADOOR P.O.PATHANAMTHITTA-691 523.
Crl.MC.No. 8353 of 2018 2

3 C.M.AMBILY
S/O MEERA SAHIB,AGED 62 YEARS,
AASARIPARAMBIL LANE,
THAMMANAM ROAD,PALARIVATTOM,ERNAKULAM DISTRICT,
NOW RESIDING AT AYSHA MANZIL,KANNAMKODE,
ADOOR P.O.PATHANAMTHITTA-691 523.

4 RAJEENA
AGED 49 YEARS
W/O C.M.AMBILY,AASARIPARAMBIL LANE,
THAMMANAM ROAD,PALARIVATTOM,ERNAKULAM DISTRICT,
NOW RESIDING AT AYSHA MANZIL,KANNAMKODE,
ADOOR P.O.PATHANAMTHITTA-691 523.

BY ADV. SMT.V.H.JASMINE

SRI B JAYASURYA-PUBLIC PROSECUTOR

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. 8353 of 2018 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.1297 of 2012 on the file of the Judicial First Class Magistrate

Court, Chavakkad. The 1st petitioner is the husband and

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

against for having committed offence punishable under Section

406, 420 and 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 party

respondents have filed separate affidavits stating that they have

no subsisting grievance and they have no objection in terminating

the criminal proceedings.

4. The learned Public Prosecutor on instructions submitted

that the statement of the party respondents have been recorded

and the State has no objection in terminating the proceedings as it

involves no public interest.

Crl.MC.No. 8353 of 2018 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.

In the result, this petition will stand allowed. Annexure-A2
Crl.MC.No. 8353 of 2018 5

final report and all proceedings pursuant thereto against the

petitioners now pending as C.C.No.1297 of 2012 on the file of the

Judicial First Class Magistrate Court, Chavakkad are quashed.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE
IAP
Crl.MC.No. 8353 of 2018 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY FIR IN CRIME NO 1166/2012 OF
CHAVAKKAD POLICE STATION

ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME NO
1166/12 OF CHAVAKKAD POLICE STATION

ANNEXURE A3 AFFIDAVIT DATED 28.9.2018 OF 2ND RESPONDENT

ANNEXURE A4 AFFIDAVIT DATED 28/9/2018 OF 3RD RESPONDENT

ANNEXURE A5 AFFIDAVIT DATED 28.9.2018 4TH RESPONDENT

RESPONDENTS’ EXHIBITS:

NIL

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