Shahil T.P. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 Crl.MC.No. 4626 of 2015 () --------------------------- AGAINST C.C. 860 OF 2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYANNUR PETITIONER(S)/ACCUSED:
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1. SHAHIL T.P. AGED 33 YEARS S/O.LATE MAHAMOOD HAJI, C.H HOUSE, MOTTAMBRAM MADAYI PO
2. SAIBUNNEESA T.P, AGED 57 YEARS W/O.LATE MAHAMOOD HAJI, C.H HOUSE, MOTTAMBRAM MADAYI PO
3. SHABINA TP AGED 35 YEARS W/O.LATE MAHAMOOD HAJI, C.H HOUSE, MOTTAMBRAM MADAYI P.O.
BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN 682031
2. STATION HOUSE OFFICER PAZHAYANGADI POLICE STATION, KANNUR 670304
3. WAFA K D/O.YOUSAF, WAHIDA MANZIL, NEAR YASSIM MOSQUE MADAYI PO, KANNUR 670304 R3 BY ADV. SRI.K.K.ANIL KUMAR R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4626 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE A1:THE TRUE COPY OF FIR NO.733/2013 OF THE PAZHAYANGADI POLICE STATION DATED 03.12.2013 ALONG WITH COMPLAINT ANNEXURE A2:TRUE COPY OF THE CHARGE IN CC.NO.860/2014 OF THE JFCM COURT PAYYANNUR ANNEXURE A3:AFFIDAVIT SWORN IN BY THE SECOND RESPONDENT DATED 30.04.2015 RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ ~~~~~~~~~~~ Dated this the 13th August, 2015
O R D E R
The petitioners herein are the three accused in C.C. No.860 of 2014 of the Judicial First Class Magistrate's Court, Payyannur. 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 Section 498A of Indian Penal Code on the complaint of one Wafa who is the 3rd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim 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.
The victims affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted that the victim has joined her husband in matrimony in terms of the compromise arrived at in mediation, and that she is leading a happy matrimony with
her husband. In such a situation, it is appropriate that the prosecution be closed because continuance of the prosecution may defile their present happy matrimony. 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 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.
In the result, this petition is allowed. The prosecution
against the petitioners herein in C.C.860 of 2014 of the Judicial First Class Magistrate's Court, Payyannur 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 ma /True copy/ P.S to Judge
P.UBAID JUDGE ma