Pratheesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Crl.M.C.No. 3579 of 2015 () --------------------------- IN SC 128/2013 of ASSISTANT SESSIONS COURT, CHERTHALA PETITIONER/ACCUSED:
------------------- PRATHEESH AGED 34 YEARS S/O MOHANAN, KALATHIL VEEDU, WARD NO.XVII CHELLANAM PANCHAYATH, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.C.K.SAJEEV RESPONDENTS/COMPLAINANT & DE-FACTO COMPLAINANT (CW-1): ------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
2. BEENA, AGED 31 YEARS W/O XAVIER, THEKKEKALATHUNKAL VEEDU, WARD NO:XVII CHELLANAM PANCHAYATH, KOCHI TALUK ERNAKULAM DISTRICT-682 007.
R2 BY ADV. SRI.VINCENT JOSEPH R BY PUBLIC PROSECUTOR, SMT.V.H.JASMINE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3579 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES --------------------- ANNEXURE 1: CERTIFIED COPY OF THE FINAL REPORT IN S.C.NO.128/13 OF THE ASST. SESSIONS COURT, CHERTHALA.
RESPONDENTS' ANNEXURES : NIL ---------------------- //TRUE COPY// P.A. TO JUDGE sm
P. UBAID, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 3579 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2015
ORDER
The petitioner herein is the accused in S.C.No.128/2013 on the file of the Assistant Sessions Court, Cherthala. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 376, 493 IPC and Section 67 of the Information Technology Act on the complaint of one Beena, 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.
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 further proceedings will not serve any purpose in such a circumstance
Crl.(MC).No.3579 of 2015 : 2 :
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, 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.
3. The victim of offence appeared in Court before me as directed, and submitted that she had been in love with the petitioner herein, and she happened to prefer a complaint against him on some misapprehension when the petitioner thought of abandoning her. On interacting with the victim, I find that everything that happened between them was purely consensual, and that she made a complaint when she thought that it was not possible to join the petitioner in matrimony, when he has his own wife and children. The victim affirmed before me that she settled the dispute quite voluntarily, without the intervention or compulsion of anybody, that she has a son with
Crl.(MC).No.3579 of 2015 : 3 :
her, and that she thought of a settlement in the best interest of her son. She does not want to prosecute the matter, and she apprehends that continuance of the prosecution will cause further problems in her life. In such situation, it is appropriate in the best interest of the victim and her family, that the prosecution be quashed.
In the result, this petition is allowed. The prosecution against the petitioner herein in S.C.No.128/2013 on the file of the Assistant Sessions Court, Cherthala, will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged. Sd/- P. UBAID, JUDGE sm