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Shiyas Hussain 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. 7826 of 2018

CRIME NO. 2612/2017 OF KILIKOLLOOR POLICE STATION, KOLLAM

PETITIONER/ACCUSED:

SHIYAS HUSSAIN, AGED 40,
S/O. AHMED HUSSAIN, TANAL, KARICODU,
KILIKOLLOOR, KOLLAM.

BY ADV. SRI.ARUN BABU

RESPONDENT/S:
1 STATE OF KERALA,
PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2 SUB INSPECTOR OF POLICE
KILIKOLLOOR POLICE STATION, KOLLAM-691 004

3 BISMITHA SHIYAS,
W/O SHIYAS HUSSAIN, A.S.P.MANZIL AVANAVAN CHERRY
P.O,ATTINGAL,THIRUVANANTHAPURAM NOW RESIDING AT
TANAL,KARICODU, KILIKOLLOOR, KOLLAM.

BY ADV. SMT.SHAMEENA SALAHUDHEEN

OTHER PRESENT:
SRI.AMJAD ALI SR. PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:7826/2018 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure (“the Code” for brevity).

2. The 3rd respondent is the de facto complainant in

Crime No.2612 of 2017 of the Kilikkollor Police Station. The

petitioner herein is the husband of the 3rd respondent and he is

being proceeded against for having committed offences

punishable under Sections 498A, 342 and 323 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 3rd

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 3 rd

respondent has been recorded and the State has no objection in

terminating the proceedings as it involves no public interest.
BA:7826/2018 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 extraordinary powers under

Section 482 of the Code to quash the proceedings.
BA:7826/2018 4

In the result, this petition will stand allowed. Annexure-A1

FIR in Crime No.2612 of 2017 of the Kilikkollor Police Station

and all proceedings pursuant thereto against the petitioner are

quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ

//TRUE COPY// P.A. TO JUDGE
BA:7826/2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR ALONG WITH THE
FIS IN CRIME NO 2612/2017 OF THE
KILIKKOLLOR POLICE STATION.

ANNEXURE A2 THE AFFIDAVIT FILED BY THE 3RD RESPONDENT

RESPONDENTS’ EXHIBITS:-NIL

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