Shanita Anti Jose v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 Crl.MC.No. 823 of 2015 () -------------------------- CRIME NO. 1518/2014 OF VADAKKEKARA POLICE STATION , ERNAKULAM PETITIONER/ACCUSED:

------------------- SHANITA ANTI JOSE, AGED 27 YEARS D/O.THANKAMMA, KALLUNGAL HOUSE, GOTHURUTH.P.O. NORTH PARAVUR, ERNAKULAM DISTRICT.

BY ADVS.SRI.K.NANDAKUMAR SRI.SREEKANTH S.NAIR RESPONDENT/STATE AND COMPLAINANT:

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1. THE STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE VADAKKEKARA POLICE STATION THROUGH GOVERNMENT PLEADER, HIGH COURT OF KERALA ERNAKULAM-682 031.

2. ANTI JOSE, AGED 36 YEARS S/O.JOSEPH, MANDAPATH HOUSE, NEENDOOR VADAKKEKARA.P.O., NORTH PARAVUR ERNAKULAM DISTRICT-683 522.

BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 823 of 2015 () -------------------------- APPENDIX PETITIONER(S)'ANNEXURES:

----------------------- ANNEXURE A1- TRUE COPY OF FIR NO.1518/14 DATED 25.12.14 OF VADAKKEKARA POLICE STATION ALONG WITH COMPLAINT. ANNEXURE A2- TRUE COPY OF THE AGREEMENT DATED 20.01.15 ENTERED BETWEEN PETITIONER AND THE 2ND RESPONDENT.

RESPONDENT(S)' ANNEXURES: NIL ------------------------ //TRUE COPY// P.A. TO JUDGE smv

P. UBAID,J.

----------------------------------------------- Crl.M.C No.823 of 2015 ----------------------------------------------- Dated this the 10th day of February, 2015

O R D E R

The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.1518 of 2014 of Vadakkekara Police Station. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The parties have filed a joint statement that the whole dispute stands now amicably settled in the family. The parties have now reunited and are living together.

2. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution; be it at the crime stage or at the trial stage or even at the appellate or revision stage; if the parties have really settled the whole dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.

Crl.M.C No.823 of 2015 In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.1518 of 2014 of Vadakkekara Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.

Sd/- P. UBAID, JUDGE //true copy// P.A. To Judge smv