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Judgments of Supreme Court of India and High Courts

Siddique K.M 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. 8067 of 2018

CRIME NO. 1197/2018 OF Thaliparamba Police Station, Kannur

PETITIONERS/ACCUSED:

1 SIDDIQUE K.M.,
AGED 38 YEARS,
S/O.THARAMMAL MAMMU,KAPPALLI MANNATTI HOUSE,
PALLIVAYAL,PANNIYOOR,TALIPARAMBA,KANNUR DISTRICT.

2 ASMA K.M.,
AGED 45 YEARS,
D/O.THARAMMAL MAMMU,KAPPALLI MANNATTI HOUSE,
PALLIVAYAL,PANNIYOOR,TALIPARAMBA,KANNUR DISTRICT.

BY ADVS.
SRI.K.N.ABHILASH
SRI.SUNIL NAIR PALAKKAT

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA,ERNAKULAM,PIN-682031.

2 THE STATION HOUSE OFFICER,
TALIPARAMBA POLICE STATION,
KANNUR DISTRCIT, PIN-670 141.

3 SUKAIKKA,
AGED 28 YEARS,
D/O.MUHAMMED KUNHI,
U.M.HOUSE,NELLIPARAMBA.P.O,KUTTIYERI,TALIPARAMBA
TALUK,KANNUR DISTRICT,PIN-670141.

R3 BY ADV. SRI.JACOB SEBASTIAN
R1 R2 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. 8067 of 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.1197 of 2018 of Taliparamba Police Station. The 1 st petitioner

is the husband of the de facto complainant and the 2 nd petitioner is

her sister-in-law. 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 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 submits 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.
Crl.MC.No. 8067 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.
Crl.MC.No. 8067 of 2018 4

In the result, this petition will stand allowed.

Annexure-A1 first information report in Crime No.1197 of 2018 of

Taliparamba Police Station and all proceedings pursuant thereto

against the petitioners are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE
DSV/- //TRUE COPY// P.A.TO JUDGE
Crl.MC.No. 8067 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR NO.1197/2018

DATED 05.11.2018 OF TALIPARAMBA POLICE
STATION.

ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
DATED 12.11.2018.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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