Sudhakaran D. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Crl.MC.No. 4855 of 2015 () ------------------------------------- CRIME NO. 1318/2015 OF KILIKOLLOOR POLICE STATION , KOLLAM PETITIONER(S)/ACCUSED:
-------------------------------------- SUDHAKARAN D, AGED 67 YEARS, S/O.DIVAKARAN, RESIDING AT SUDHI NIVAS, M.G.NAGAR -22, KALLUMTHAZHAM, KILIKOLLOOR, KOLLAM DISTRICT, PIN 681 004..
BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31.
2. RESHMI, D/O.SUDHARMA, VADAKKAMANGATTU VEEDU, NEAR APPOPPAN NADA, MANGADU CHERRY, MANGADU VILLAGE, KOLLAM 691 009.
R BY PUBLIC PROSECUTOR R BY SRI.SERGI JOSEPH THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4855 of 2015 () ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- ANNEXURE A1THE CERTIFIED COPY OF THE FIR IN CRIME NO.1318/2015 OF KILIKOLLOOR POLICE STATION.
ANNEUXRE A2AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT STATING THE SETTLEMENT OF ALL THE DISPUTES.
RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE AK
P.UBAID, J.
========================= Crl.M.C.No.4855 of 2015 ========================= Dated this the 30th day of July, 2015
ORDER
The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.1318 of 2015 of Kilikolloor Police Station, registered under Sections 498A and 354 of the Indian Penal Code on the complaint of one Reshmi. 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 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.
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 prosecution; be it at the crime stage or at the trial stage or even at the appellate or revision stage; if the parties have really settled the whole dispute or if continuance of 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
Crl.M.C.No.4855 of 2015 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.1318 of 2015 of Kilikolloor Police Station will stand quashed under Section 482 of the Code of Criminal Procedure. Sd/- P.UBAID JUDGE rkj //TRUE COPY// P.A. TO JUDGE