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High Court of KeralaCrl.MC/5367/2015allowed

Gitty George v. Mable Thomas

2015-08-13Honourable Mr. Justice P.Ubaid4 pages

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. 5367 of 2015 () --------------------------- IN CC 292/2011 of JUDICIAL FIRST CLASS MAGISTRATE, THIRUVALLA CRIME NO. 85/2011 OF KEEZHVAIPUR POLICE STATION , PATHANAMTITTA PETITIONERS/ACCUSED:

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1. GITTY GEORGE, AGED 34 YEARS, S/O.K.C.GEORGE AZHAKATHU VEEDU, KANJEETTUKARA P.O, AYAROOR VILLAGE KURIYANNOOR, PATHANAMTHITTA DISTRICT.

2. K.C. GEORGE AGED 69 YEARS, FATHER OF GITTY GEROGE, AZHAKATHU VEEDU KANJEETTUKARA P.O, AYAROOR VILLAGE, KURIYANNOOR PATHANAMTHITTA DISTRICT.

3. ROSAMMA GEORGE, W/O.K.C.GEORGE AZHAKATHU VEEDU, KANJEETTUKARA P.O, AYAROOR VILLAGE KURIYANNOOR, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.PIOUS JACOB RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1. MABLE THOMAS AGED 31 YEARS, D/O.V.C.THOMAS, VELACHERIL VEEDU MANTHANAM P.O, KUNNAMTHANAM VILLAGE MALLAPPALLY TALUK PATHANAMTHITTA DISTRICT PIN 689 645.

2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 682 031.

R1 BY ADV. SMT.P.P.BLESSY MOL R2 BY PUBLIC PROSECUTOR SMT.V.H.JASMINE 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. 5367 of 2015 () --------------------------- APPENDIX PETITIONER(S)' ANNEXURES ------------------------ ANNX.A1 - TRUE COPY OF THE FIR IN CRIME NO.85/2011 OF KEEZHVAYPUR POLICE STATION ANNX.A2 - TRUE COPY OF THE FINAL REPORT WHICH WAS ACCEPTED BY THE JURISDICTIONAL MAGISTRATE ON FILE AS CC NO.229/2011 ANNX.A3 - TRUE COPY OF THE JUDGMENT OF THE FAMILY COURT, THIRUVALLA IN OP(DIVORCE) NO.875/2011 ANNX.A4 - ORIGINAL OF THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT TO BE PRODUCED BEFORE THIS HON'BLE COURT.

RESPONDENT(S)' ANNEXURES : NIL ---------------------- //TRUE COPY// P.A. TO JUDGE sm

P.UBAID, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - Crl.MC.No. 5367 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2015

ORDER

The petitioners herein are the accused in C.C.No.292/2011 of the Judicial First Class Magistrate Court, Thiruvalla. 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 498 A, r/w Section 34 IPC, on the complaint of one Mable Thomas, who is the 1st respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed an 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

Crl.MC.No.5367 of 2015 : 2 :

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. 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 her marriage with the 1st petitioner stands dissolved, on mutual consent, and the whole matrimonial dispute stands resolved for ever. In the result, this petition is allowed. The prosecution against the petitioners herein in CC No.292/2011, of the Judicial First Class Magistrate's Court, Thiruvalla, 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 sm