IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 14TH DAY OF DECEMBER 2018 / 23RD AGRAHAYANA, 1940 Crl.MC.No. 8021 of 2018 CRIME NO. 344/2017 OF KOTTAKKAL POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED: 1 ANWARALI, AGED 31 YEARS, S/O. MARAKKAR, RESIDING AT MANGADAN HOUSE, PULIKKOD, KOTTAKKAL, MALAPPURAM DISTRICT - 676 503 2 KHADEEJA, AGED 55 YEARS, W/O. MARAKKAR, RESIDING AT MANGADAN HOUSE, PULIKKOD, KOTTAKKAL, MALAPPURAM DISTRICT - 676 503 3 MARAKKAR, AGED 60 YEARS, MANGADAN HOUSE, PULIKKOD, KOTTAKKAL, MALAPPURAM DISTRICT - 676 503 4 ANSARALI, AGED 25 YEARS, S/O. MARAKKAR, MANGADAN HOUSE, PULIKKOD, KOTTAKKAL, MALAPPURAM DISTRICT - 676 503 BY ADVS. SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENT/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 2 NASEEMA, AGED 27 YEARS, D/O. RAYINKUTTY, RESIDING AT KUNNAKKADAL HOUSE, RANDATHANI, KOTTAKKAL, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 682 032 BY ADV. SRI.AJOY VENU OTHER PRESENT: SRI.T.R.RENJITH, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 2 ORDER
This petition is filed under [SECTION] of the [ACT] ("the Code" for brevity).
2. The 2nd respondent is the de facto complainant in [CASE NUMBER] registered at the Kottakkal Police Station for offence under [SECTION] & [SECTION]/[SECTION] of the [ACT]. The petitioners herein are the husband and his near relatives.
3. The instant petition is filed 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 2 nd 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.
6. In [PRECEDENT] and in [PRECEDENT], 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 [PRECEDENT], 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] 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] of the Code to quash the proceedings.
In the result, this petition will stand allowed. Annexure-A1 FIR in [CASE NUMBER] of the Kottakkal Police Station and all proceedings pursuant thereto against the petitioners are quashed.
[ENTITY], JUDGE PS TRUE COPY P.A.TO JUDGE APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE P1 CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN [CASE NUMBER] OF KOTTAKKAL POLICE STATION, MALAPPURAM DISTRICT REGISTERED FOR THE OFFENCES PUNISHABLE UNDER [SECTION], [SECTION]/[SECTION] OF THE [ACT].
ANNEXURE P2 NOTARIZED AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND RESPONDENT/DEFACTO COMPLAINANT DATED 13.08.2018.