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. 8049 of 2018 CC NO.2063/2018 ON THE FILES OF THE JMFC-V, THIRUVANANTHAPURAM (SPL.COURT-MARKLIST CASES) CRIME NO.58/2018 OF THUMBA POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1 TO 4: 1 SHABEER, AGED 30 YEARS, S/O. BASHEER, SHAJEER MANZIL, T.C.NO.99/978, POUNDUKADAVU, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 2 BASHEER, AGED 60 YEARS, S/O. MOHAMMED MUSTAFA, SHAJEER MANZIL, T.C.NO.99/978, POUNDUKADAVU, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 3 AISHA BEEVI, AGED 55 YEARS, D/O. THORA UMMA, SHAJEER MANZIL, T.C.NO.99/978, POUNDUKADAVU, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. 4 SHAJEENA, AGED 33 YEARS, S/O. AISHA BEEVI, SHAJEER MANZIL, T.C.NO.99/978, POUNDUKADAVU, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/STATE & CW1: 1 STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THUMBA POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM-682031. 2 AHANA FATHIMA, AGED 19 YEARS, D/O. LAILA BEEVI, PALLINADA VEEDU, POWNDUKADAVU, ATTIPRA,VALIYAVELI P.O, THIRUVANANTHAPURAM-695029. [CASE NUMBER] 2 BY ADV. SRI.A.K.RAJESH OTHER PRESENT: SRI. T. R. RENJITH -PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 3 ORDER
This petition is filed under [SECTION] of the [ACT].
2. The petitioners herein are the accused Nos.1 to 4 in [CASE NUMBER] on the file of the Judicial Magistrate of First Class-V, Thiruvananthapuram. In the aforesaid case, they are being proceeded against for having committed offence punishable under [SECTION], [SECTION], [SECTION], [SECTION] & [SECTION]/[SECTION] of the [ACT]. The 2nd respondent, who is the wife of the 1 st petitioner, is the de facto complainant.
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 Annexure-B 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-A final report and all proceedings pursuant thereto against the petitioners now pending as [CASE NUMBER] on the file of the Judicial Magistrate of First Class-V, Thiruvananthapuram are quashed.
[ENTITY], JUDGE KRJ TRUE COPY P.A. TO JUDGE APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.58/2018 OF [ACT].
ANNEXURE B AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:-NIL