Kerala High Court
Crl.MC/8079/2015 of ANAS Vs STATE OF KERALA on 29 December 2015
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 29TH DAY OF DECEMBER 2015/8TH POUSHA, 1937 Crl.MC.No. 8079 of 2015 --------------------------- C.C.NO.265/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PIRAVOM, ERNAKULAM PETITIONER(S)/ACCUSED :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 29TH DAY OF DECEMBER 2015/8TH POUSHA, 1937
Crl.MC.No. 8079 of 2015
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C.C.NO.265/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,PIRAVOM, ERNAKULAM
PETITIONER(S)/ACCUSED :-
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1. ANAS, AGED 41 YEARS,
S/O.ABDUL RAHMAN, THEKKERAMANEZHATHU VEETIL, PATTUKULANGARA KARA, KUTHIYATHODU VILLAGE, ALAPPUZHA. THEKKERAMANEZHATHU VEETIL, PATTUKULANGARA KARA, KUTHIYATHODU VILLAGE, ALAPPUZHA.
2. HABEESA BEEVI, AGED 59 YEARS, W/O.ABDUL RAHMAN, THEKKERAMANEZHATHU VEETIL, PATTUKULANGARA KARA, KUTHIYATHODU VILLAGE, ALAPPUZHA. W/O.ABDUL RAHMAN, THEKKERAMANEZHATHU VEETIL, PATTUKULANGARA KARA, KUTHIYATHODU VILLAGE, ALAPPUZHA.
3. ABDUL RAHMAN, AGED 68 YEARS,
S/O.ALIKUNJU,
THEKKERAMANEZHATHU VEETIL, PATTUKULANGARA KARA, KUTHIYATHODU VILLAGE, ALAPPUZHA. PATTUKULANGARA KARA, KUTHIYATHODU VILLAGE, ALAPPUZHA.
BY ADV. SRI.K.P.SURAJ
RESPONDENT(S)/DEFACTO COMPLAINANT :-
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1. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KEALA, ERNAKULAM - 682 031. ERNAKULAM - 682 031.
2. SHIJI, AGED 36 YEARS,
D/O.ABDUL KHADER, CHERUTHOTTIL VEEDU, AMABALLOOR, ERNAKULAM - 682 028. CHERUTHOTTIL VEEDU, AMABALLOOR, ERNAKULAM - 682 028.
R2 BY ADV. SRI.V.A.NAVAS
R1 BY SRI.GITHESH R., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSIONON 29-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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APPENDIX
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P.UBAID, J.
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Dated this the 29[th] day of December, 2015
ORDER
The petitioners herein are the three accused inC.C.No.265 of 2015 of the Judicial First Class Magistrate Court,Piravom, Ernakulam. They seek orders quashing theprosecution on the ground of amicable settlement of the wholedispute between them and the de facto complainant. Crime inthis case was registered under Section 498(A) read withSection 34 of the Indian Penal Code on the complaint of oneShiji, who is the 2[nd ]respondent in this proceeding broughtunder Section 482 of the Code of Criminal Procedure. She hasfiled affidavit to the effect that she has settled the wholedispute with the accused, and she has no grievance orcomplaint now.
2. In so many decisions, the Hon'ble Supreme Court hasheld that even in cases involving non-compoundable offences,
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the High Court can quash the prosecution in pendingproceedings, if the parties have really settled the wholedispute amicably out of court, and continuance of furtherproceedings will not serve any purpose in such a circumstanceof amicable settlement. Here, I find a real and genuine caseof settlement between the parties. This is not a case involvingany public interest or public issue. The parties have come toterms amicably on the intervention of persons acceptable toboth sides. In such a situation, continuance of the prosecutionwill not serve any purpose other than wasting the precioustime of the court. No doubt, nobody will support theprosecution in such a situation, if the case goes to trial.
3. The victim's affidavit shows that the wholematrimonial dispute stands resolved forever. It is submittedthat the disputes have been resolved in mediation, and theparties have parted ways in terms of settlement. The claims ofthe victim also stand settled adequately. In such a situation, itis appropriate that the prosecution be quashed.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C.No.265 of 2015 of theJudicial First Class Magistrate Court, Piravom, Ernakulam will
Conclusion
stand quashed under Section 482 of the Code of CriminalProcedure. Accordingly, the petitioners will stand releasedfrom prosecution, and the bail bond, if any, executed by themwill stand discharged.
Sd/-
P.UBAID
JUDGE
rkj
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P.A. TO JUDGE
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