Abdul Khader.K.V v. Rasheeda
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 Crl.MC.No. 4385 of 2015 ------------------------- CRIME NO. 449/2015 OF NALLALAM POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED:
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1. ABDUL KHADER.K.V, AGED 41 YEARS, S/O.UMMUKULSU, K.V.HOUSE, MOOPICHATHIL, PAYYOLI P.O., KOZHIKODE DISTRICT, PIN: 673 522.
2. UMMUKULSU AGED 60 YEARS, K.V.HOUSE, MOOPICHATHIL, PAYYOLI P.O, KOZHIKODE DISTRICT, PIN: 673 522.
3. MAMMED KOYA, AGED 60 YEARS, S/O.KUNHAHAMMED, CHATTIPPURAYIL, KOLATHARA P.O, KOZHIKODE DISTRICT, PIN: 673 655.
BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/DEFACTO COMPLAINANT & STATE:
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1. RASHEEDA A.P, AGED 35 YEARS, S/O.SAIDALAVI, AACHAPARAMBATH HOUSE, NANIYATTUMMETHAL, OLAVANNA P.O., KOZHIKODE DISTRIT, PIN: 673 019.
2. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE CITY, KOZHIKODE DISTRICT - 673 018
3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031. R1 BY ADV. SRI.P.V.ANOOP R3 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJURAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4385 of 2015 ------------------------- APPENDIX PETITIONERS' ANNEXURES:
------------------------ A: COPY OF THE FIR IN CRIME NO.449/2015 ON THE FILE OF NALLALAM POLICE STATION B: COPY OF THE PRIVATE COMPLIANT DATED 24/4/2015 BASED ON WHICH ANNEXURE A FIR C: COPY OF THE AGREEMENT DATED 2/6/2015 EXECUTED BY THE 1ST PETITIONER AND THE 1ST RESPONDENT D: COPY OF THE AFFIDAVIT DATED 19/6/2015 OF THE 1ST RESPONDENT RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.4385 of 2015 --------------------------------------- Dated this the 15th day of July, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.449/2015 of the Nallalam Police Station, Kozhikode, registered under Sections 498A and 406 r/w 34 of the Indian Penal Code on the complaint of one Rasheeda. 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 de facto complainant Rasheeda 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. 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 revisional stage; if the parties have really settled the whole
Crl.M.C No.4385 of 2015 dispute, or if continuance of the 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.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.449/2015 of the Nallalam Police Station, Kozhikode will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE ab