Samlal v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 Crl.MC.No. 5003 of 2015 ------------------------ IN CC 122/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA CRIME NO. 518/2014 OF MALAYINKEEZHU POLICE STATION, THIRUVANANDAPURAM PETITIONERS/ACCUSED 1 & 2:
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1. SAMLAL, S/O.SIMON, RINSA COTTAGE, EX-SERVICE LANE, MANGATTUKADAVU, MALAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM.
2. AMALA BAI, W/O.SIMON, RINSA COTTAGE, EX-SERVICE LANE, MANGATTUKADAVU, MALAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.G.SUDHEER RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. ARYA, AGED 24 YEARS, D/O.USHAKUMARI, C.S.KUMAR MANDIRAM, MOTTAMMOODU, PALLICHAL VILLAGE, THIRUVANANTHAPURAM - 695 001. R2 BY ADV. SMT.K.SUJA KUMARI R1 BY PUBLIC PROSECUTOR SMT.V.H.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5003 of 2015 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
------------------------ ANNEXURE-A: COPY OF FIR IN CRIME NO.518/2014 OF MALAYINKEEZHU POLICE STATION DATED 3.7.2014 WITH COMPLAINAT ANNEXURE-B: COPY OF THE FINAL REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE MALAYINKEEZHU POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA ANNEXURE-C: AFFIDAVIT SWORN BY THE DEFACTO COMPLAINANT SIGNED BEFORE THE NOTARY PUBLIC DATED 18.7.2015 RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.5003 of 2015 --------------------------------------- Dated this the 4th day of August, 2015
O R D E R
The petitioners herein are the accused Nos.1 and 2 in C.C No.122/2015 of the Judicial First Class Magistrate Court, Kattakada. 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 498A r/w 34 of the Indian Penal Code on the complaint of one Arya 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
Crl.M.C No.5003 of 2015 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. 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 No.122/2015 of the Judicial First Class Magistrate Court, Kattakada 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.
P.UBAID JUDGE ab