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Yajas vs Rashida.K.P. on 25 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940

Crl.MC.No. 985 of 2019

CC 348/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -II,
MANANTHAVADY

CRIME NO. 171/2017 OF Thirunelly Police Station, Wayanad

PETITIONER/ACCUSED:

YAJAS, AGED 38 YEARS,
S/O. SAYYID KHADEER, KAYAL MADATHIL, PUTHEN
PEEDIYEKKAL, NARIKKAL, THOLPETTY P.O, WAYANADU.

BY ADV. SRI.S.R.SREEJITH

RESPONDENTS/DE FACTO COMPLAINANT STATE:

1 RASHIDA.K.P., AGED 35 YEARS,
W/O. YAJAS, KAYAL MADATHIL, PUTHEN PEEDIYEKKAL,
NARIKKAL, THOLPETTY P.O, WAYANADU.

2 STATE OF KERALA,
THROUGH THE S.I OF POLICE,
THIRUNELLY POLICE STATION,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.

R1 BY ADV. SRI.K.ANTONY JOSEPH

R2 BY SRI. T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 985 of 2019 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure.

2. The 1st respondent is the de facto complainant in

C.C.No.348 of 2017 on the file of the Judicial Magistrate of First

Class-II, Mananthawady. The petitioner herein is the husband of

the 1st respondent and he is being proceeded against for having

committed offence punishable under Sections 323, 498A and

506(i) of the IPC.

3. This petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 1st

respondent has filed an affidavit stating that she does not wish to

continue with the prosecution proceedings against the petitioner.

4. The learned Public Prosecutor has obtained instructions.

He submits that the statement of the 1 st respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC.No. 985 of 2019 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.
Crl.MC.No. 985 of 2019 4

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

final report and all proceedings pursuant thereto against the

petitioner now pending as C.C.No.348 of 2017 on the file of the

Judicial Magistrate of First Class-II, Mananthawady, are quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

//TRUE COPY// P.A.TO JUDGE

DSV/26.2.19
Crl.MC.No. 985 of 2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME

NO. 171/2017 THIRUNELLI POLICE STATION.

ANNEXURE A2 AFFIDAVIT DATED 14-01-2019 SWORN TO BY THE
1ST RESPONDENT

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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