Prakash v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 Crl.MC.No. 4595 of 2015 --------------------------- CC 81/2014 OF CHIEF JUDICIAL MAGISTRATE,PALAKKAD CRIME NO. 302/2014 OF TOWN NORTH POLICE STATION , PALAKKAD PETITIONERS/ACCUSED NOS. 1 TO 3 :- ---------------------------------------------------------
1. PRAKASH, AGED 34 YEARS, S/O RAVUNNI NAIR, FLAT NO.305, SURAVARAM, EPSILCON HOMES, INDIRA REDDY ALVIN COLONY, SAPTHAGIRI, MIYAPUR, HYDRABAD.
2. RAVUNNI NAIR, AGED 66 YEARS, FLAT NO.FLAT NO.305, SURAVARAM, EPSILCON HOMES, INDIRA REDDY ALVIN COLONY, SAPTHAGIRI, MIYAPUR, HYDRABAD.
3. KARTHYAYANI, AGED 66 YEARS, W/O. RAVUNNI NAIR, FLAT NO.305, SURAVARAM, EPSILCON HOMES, INDIRA REDDY ALVIN COLONY, SAPTHAGIRI MIYAPUR, HYDRABAD.
BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENTS/STATE AND DEFACTO COMPLAINANT :- ----------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031
2. MRUDULA, AGED 29 YEARS, D/O. RAMACHANDRAN, 'DHAKSHNIYAM', POOJA NAGAR, PUTHUR, PALAKKAD-678002.
R1 BY SMT.V.H.JASMINE,PUBLIC PROSECUTOR R2 BY ADV. SRI.M.DEVESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4595 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :- ------------------------------------------ ANNEXURE 1: TRUE COPY OF FIR OF PALAKKAD TOWN NORTH POLICE STATION CRIME NO.302/14.
ANNEXURE 2: TRUE COPY OF THE FINAL REPORT FILED BY THE PALAKKAD TOWN NORTH POLICE IN CRIME NO.302/14 AGAINST THE PETITIONERS. ANNEXURE 3: TRUE COPY OF THE JUDGMENT DATED 20.1.2015 IN O.P.154/2014 ON THE FILE OF FAMILY COURT, PALAKKAD.
ANNEXURE 4: TRUE COPY OF THE JUDGMENT DATED 20.1.2015 IN O.P.176/2014 ON THE FILE OF FAMILY COURT, PALAKKAD.
ANNEXURE 5: AFFIDAVIT OF THE DE-FACTO COMPLAINANT/2ND RESPONDENT DATED 17.7.2015.
RESPONDENT(S)' ANNEXURES :- NIL -------------------------------------------- //TRUE COPY// P.A. TO JUDGE
P.UBAID, J.
========================= Crl.M.C.No.4595 of 2015 ========================= Dated this the 22nd day of July, 2015
ORDER
The petitioners herein are the three accused in C.C.No.81 of 2014 of the Chief Judicial Magistrate Court, Palakkad. 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 406 and 489A read with Section 34 of the Indian Penal Code, on the complaint of one Mrudula, 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 of amicable settlement. Here, I find a real and
Crl.M.C.No.4595 of 2015 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.
3.
The victim's affidavit shows that the parties have already decided for amicable separation, and they have already filed a joint petition for divorce under Section 13(B) of the Hindu Marriage Act. In such a situation, it is appropriate that the prosecution be quashed. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C.No.81 of 2014 of the Chief Judicial Magistrate Court, Palakkad 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 //TRUE COPY// P.A. TO JUDGE