Jayesh P. v. State
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. 4411 of 2015 ------------------------ IN C.C NO. 967/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR CRIME NO. 1118/2013 OF PAYYANNUR POLICE STATION, KANNUR PETITIONER/ACCUSED:
-------------------- JAYESH P., AGED 34 YEARS, S/O.RAMAN, 'KARTHIKA', PRATHIYATH HOUSE, NEAR SREE PRABHA AUDITORIUM, PAYYANNUR KANNUR DISTRICT BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/DEFACTO COMPLAINANT/STATE:
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1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2. DEEPTHI.P, AGED 26 YEARS, D/O.DAMODARAN, 'RAMADEEPAM, THAYINERI, PAYYANNUR VILLAGE & POST 670307, KANNUR DISTRICT R2 BY ADV. SRI.S.R.SREEJITH R1 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. 4411 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE AI: COPY OF THE FIR IN CRIME NO. 1118 OF 2013 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT ANNEXURE AII:: COPY OF THE FINAL REPORT FILED BY THE INVESTIGATING OFFICER IN CRIME NO.1118/2013 OF PAYYANNUR POLICE STATION ANNEXURE AIII: COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT ENDORSING THE FACTUM OF COMPOUNDING OF THE SAID OFFENCES AND THE STATEMENT OF THE DISPUTES RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.4411 of 2015 --------------------------------------- Dated this the 15th day of July, 2015
O R D E R
The petitioner herein is the accused in C.C No.967/2014 of the Judicial First Class Magistrate Court, Payyannur. 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 Section 498A of the Indian Penal Code on the complaint of one Deepthi 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 the 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.4411 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. 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 petitioner herein in C.C No.967/2014 of the Judicial First Class Magistrate Court, Payyannur 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. P.UBAID JUDGE ab