Abdul Gafoor v. Raheena
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 Crl.MC.No. 2662 of 2015 ---------------------------------- CC 463/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM CRIME NO.257/2013 OF KOTTAKKAL POLICE STATION, MALAPPURAM .......
PETITIONER(S)/ACCUSED:
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1. ABDUL GAFOOR, S/O.AHAMMEDKUTTY, KURUNIYAN CHERUKATTUTHODI VEEDU, OTHUKKUNGAL, MALAPPURAM DISTRICT.
2. PATHUMMA, W/O.AHAMMEDKUTTY, KURUNIYAN CHERUKATTUTHODI VEEDU, OTHUKKUNGAL, MALAPPURAM DISTRICT.
BY ADV. SRI.P.M.RAFIQ RESPONDENT(S)/DEFACTO COMPLAINANT & STATE:
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1. RAHEENA, D/O.AYAMU, PAZHEDATH HOUSE, PAZHAMALLUR AMSOM, PERINGOTTUPULAM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT - 679 322.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
R2 BY PUBLIC PROSECUTOR SRI.K.K.SAIDALAVI R1 BY ADV. SRI.JOHNSON VARIKKAPPALLIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
Crl.MC.No. 2662 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
ANNEXURE A: TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 1ST RESPONDENT HEREIN AGAINST THE PETITIONERS BEFORE THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM. ANNEXURE B: TRUE COPY OF THE FINAL REPORT IN CC.NO.463/2013 OF THE COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS, MALAPPURAM. ANNEXURE C: TRUE COPY OF THE AFFIDAVIT SWORN BY 1ST RESPONDENT INFORMING THE FACTUM OF SETTLEMENT DATED 25.04.2015. RESPONDENT(S)' ANNEXURES:
NIL //TRUE COPY// P.S.TO JUDGE Msv/
P. UBAID, J.
--------------------------------------- Crl.M.C.No.2662 of 2015 --------------------------------------- Dated this the 5th day of May, 2015
O R D E R
The petitioners herein are the accused in C.C.463/2013 of the Judicial First Class Magistrate Court, Malappuram. 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 Sections 498A and 406 read with 34 IPC on the complaint of one Raheena, who is the 1st 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.
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 the parties have really settled the whole dispute amicably out of court, and continuance of prosecution will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement
Crl.M.C. No.2662 of 2015 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, and I am satisfied that the parties are now on quite cordial terms. 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.463/2013 of the Judicial First Class Magistrate Court, Malappuram 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