Somjith v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 Crl.MC.No. 3736 of 2015 () --------------------------- CC 239/2013 of CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA CRIME NO. 343/2008 OF ALAPPUZHA NORTH POLICE STATION , ALAPPUZHA DISTRICT ==================== PETITIONERS/ACCUSED:

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1. SOMJITH, AGED 27 YEARS S/O.SOMANATHAN, DEVASWAM CHIRA KUPPAPURAM P.O., ALAPPUZHA.

2. SOMANATHAN, AGED 58 YEARS S/O.MATHU, DEVASWAM CHIRA KUPPAPURAM P.O., ALAPPUZHA.

3. SHEELA, AGED 48 YEARS W/O.SOMANATHAN, DEVASWAM CHIRA KUPPAPURAM P.O., ALAPPUZHA.

4. SURESH, AGED 46 YEARS S/O.SUDHAN, DEVASWAM CHIRA KUPPAPURAM P.O., ALAPPUZHA.

5. SANEEJ KUMAR, AGED 49 YEARS S/O.MURALLIDHARAN, DEVASWAM CHIRA KUPPAPURAM P.O., ALAPPUZHA.

BY ADV. SMT.ANJALI G.KRISHNAN RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------------------

1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

2. PRABHUKUMAR, AGED 59 YEARS S/O.RAGHAVAN, PRABHU SADANAM, WARD NO.VI ARYAD PANCHAYATH, ALAPPUZHA DISTRICT, 688001. R2 BY ADV. SRI.S.SANAL KUMAR R2 BY ADV. SMT.BHAVANA VELAYUDHAN R2 BY ADV. SMT.T.J.SEEMA R2 BY ADV. SRI.M.T.SURESHKUMAR R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 3736 of 2015 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------ ANNEXURE-A1: TRUE COPY OF THE FINAL REPORT IN CRIME NO.343/2008 OF NORTH POLICE STATION, ALAPPUZHA.

ANNEXURE-A2: TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.3736 of 2015 --------------------------------------- Dated this the 14th day of July, 2015

O R D E R

The petitioners herein are the accused in C.C. No.239/2013 of the Chief Judicial Magistrate Court, Alappuzha. 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 192, 193, 496 and 120B IPC and Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, on the complaint of one Prabhukumar, who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused and he 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

Crl.M.C.. No. 3736/2015 court, and continuance of further proceedings will not serve any purpose in such a circumstance of amicable settlement. The girl, who married the first accused was aged 22 years at the relevant time. She is not seen made accused in this case. The bridegroom was aged only 19 years at the time of marriage. Any way, the parties have come to terms. It is submitted that the said girl and the first accused herein have been living happily as husband and wife with the child born in their happy matrimony. In such a situation, continuance of the prosecution will do harm and hardship to both the parties. 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.239/2013 of the Chief Judicial Magistrate Court, Alappuzha will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners

Crl.M.C.. No. 3736/2015 will stand released from prosecution and the bail bond, if any, executed by them will stand discharged.

Sd/- P. UBAID, JUDGE sd