Kerala High Court
Muneer Babu vs State Of Kerala on 11 January, 2017
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 2ND DAY OF FEBRUARY 2017/13TH MAGHA, 1938
Crl.MC.No. 553 of 2017
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C.C.NO. 32/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI
CRIME NO. 52/2015 OF PATTAMBI POLICE STATION , PALAKKAD DISTRICT
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PETITIONER(S)/ACCUSED :
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MUNEER BABU,
AGED 32 YEARS, S/O. KUNCHIMUHAMMED,
MANIYARAMKUNNATH HOUSE,
NAGALASSERY P.O.,PILAKKATTIRI,
PATTAMBI TALUK, PALAKKAD DISTRICT- 680 010.
BY ADV. SRI.A.HAROON RASHEED
RESPONDENT(S)/COMPLAINANT :
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1. STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
PATTAMBI POLICE STATION, PALAKKAD DISTRICT,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. JASEENA,
AGED 22 YEARS, D/O. ALI,
THOTTUNGAL HOUSE, KOZHIKOTTIRI P.O.,
PATTAMBI TALUK, PALAKKAD-679 306.
R1 BY PUBLIC PROSECUTOR SRI. E.C.BINEESH
R2 BY ADV. SRI.R.RANJITH (MANJERI)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 02-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
Crl.MC.No. 553 of 2017
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APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1: TRUE COPY OF THE F.I.R IN CRIME NO. 52/2015 OF
PATTAMBI POLICE STATION.
ANNEXURE A2: THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET
IN CRIME NO. 52/2015 OF PATTAMBI POLICE STATION.
ANNEXURE A3: THE TRUE COPY OF THE AGREEMENT DATED 11.01.2017
EXECUTED BY THE 2ND RESPONDENT AND MOTHER OF
THE PETITIONER.
ANNEXURE A4: THE TRUE COPY OF THE AFFIDAVIT REGARDING
SETTLEMENT SIGNED BY THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE
Msd.
RAJA VIJAYARAGHAVAN.V., J
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Crl.M.C. No. 553 of 2017
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Dated 2nd February, 2017
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ORDER
1.This petition is filed under section 482 of the Code of Criminal Procedure ( 'the Code" for brevity ) with a prayer to quash the proceedings pending against the petitioner.
2.On the basis of an FIR lodged by the 2nd respondent, who is the wife of the petitioner, Crime No.52 of 2015 of the Pattambi Police Station was registered and investigation was taken up for offences punishable under Sections 498A read with Section 34 of the IPC, and on its completion final report was laid before the Judicial Magistrate of First Class, Pattambi where the same is pending as C.C.No.32 of 2017.
3.It is submitted that the Crime was registered due to temperamental differences and minor skirmishes which Crl.M.C. No.553 of 2017 -2- usually occur between husband and wife in the course of their matrimonial relationship. According to the learned counsel appearing for the parties, during the pendency of the criminal proceedings, parties have arrived at a mediated settlement. Annexure-A3 agreement is relied on by the learned counsel to bring home their point. According to the learned counsel, the terms have been acted upon. In accordance with their agreement, an affidavit sworn to by the victim is also placed on record, wherein the 2nd respondent expresses her desire to put an end to the criminal prosecution initiated against the petitioner.
4.The learned Public Prosecutor after getting instructions has submitted that the statement of the party respondent has been recorded and she has stated in unequivocal terms that the settlement arrived at is genuine.
Crl.M.C. No.553 of 2017 -3-
5.I have considered the submissions.
6.It is evident from the materials produced that the parties have amicably resolved their disputes and have decided to part ways. The continuance of the criminal proceedings would only serve the purpose of causing unnecessary hardship to the parties.
7.It is by now settled 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, there is no reason why this Court should 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 dispute is clearly private and no public interest is involved. In the result, this petition will stand allowed. Annexure- A2 final report and all proceedings pursuant thereto against Crl.M.C. No.553 of 2017 -4- the petitioner now pending as C.C.No.32 of 2017 on the file of the Judicial Magistrate of 1st Class, Pattambi are quashed.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE kp/03.02.17