Ratheesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 Crl.MC.No. 1575 of 2015 () --------------------------- CC 846/2014 of JUDICIAL FIRST CLASS MAGISTRTE COURT, KOLLAM CRIME NO. 857/2013 OF KILIKOLLOOR POLICE STATION , KOLLAM ================= PETITIONERS/ACCUSED 1 TO 3:
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1. RATHEESH, AGED 32 YEARS S/O. MOHANAN NAIR, PADMA NIVAS, MANICKAL NEDUMANGADU, THIRUVANANTHAPURAM 695541
2. MOHANAN NAIR, AGED 58 YEARS S/O. MADHAVAN NAIR, PADMA NIVAS, MANICKAL NEDUMANGADU, THIRUVANANTHAPURAM 695 541
3. PADMAJA, AGED 54 YEARS W/O. MOHANAN NAIR, PADMA NIVAS, MANICKAL NEDUMANAGADU, THIRUVANANTHAPURAM 695541 BY ADV. SRI.A.S.SHAMMY RAJ RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031
2. SANTHI C.K,, AGED 26 YEARS, D/O. KANAKAMMA SANTHI MANDIRAM, AURNOOTTIMANGALAM MANGAD PO, KOLLAM 691015 R2 BY ADV. SRI.K.RAJESH KANNAN R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1575 of 2015 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------ ANNEXURE 1: CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.857/2013 OF KILIKOLLOOR POLICE STATION ANNEXURE 2: TRUE COPY OF THE COMPROMISE PETITION FILED BY THE PETITIONERS AND 2ND RESPONENT BEFORE THE FAMILY COURT, KOLLAM IN OP NO.807/2013 ANNEXURE 3: COMPROMISE AFFIDAVIT SWORN BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS -------------------------------------- NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.1575 of 2015 --------------------------------------- Dated this the 6th day of October, 2015
O R D E R
The petitioners herein are the accused in C.C.No.846/2014 of the Judicial First Class Magistrate Court, Kollam. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Crime in this case was registered under Section 498-A read with 34 IPC, on the complaint of one Santhi, who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint now. Her affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted by both the counsel that the marriage stands dissolved, and both the parties have re-married. In such a situation, it is appropriate that the prosecution be quashed.
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 in pending proceedings, if
Crl.M.C.No.1575 of 2015 the parties have really settled the whole dispute amicably out of court, and continuance of further proceedings will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement between the parties. This is not a case involving any public interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides. In such a situation, continuance of the prosecution will not serve any purpose other than wasting the precious time of the court. No doubt, nobody will support the prosecution in such a situation, if the case goes to trial. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C.No.846/2014 of the Judicial First Class Magistrate Court, Kollam will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
Sd/- P. UBAID, JUDGE sd // True Copy // P.A. to Judge