Sivapriyan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 Crl.MC.No. 5488 of 2015 ------------------------- IN CC 154/2013 of C.J.M.,THIRUVANANTHAPURAM CRIME NO. 846/2012 OF MUSEUM POLICE STATION, THIRUVANANDAPURAM PETITIONER/ACCUSED:
-------------------- SIVAPRIYAN, AGED 44 YEARS, S/O.SREEVARDHANAN, RESIDING AT T.C.30/1377, V.V.ROAD PATTOOR, THIRUVANANTHAPURAM-24.
BY ADV. SRI.MANU V.
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA ERNAKULAM-682031.
2. UTHARA, AGED 36 YEARS, D/O.M.N.SOMAN, NOW RESIDING AT T.C.30/1377, V.V.ROAD PATTOOR, THIRUVANANTHAPURAM-24, ORIGINALLY FROM 3A SFS, FAIRMONT, M.P.APPAN NAGAR VAZHUTHACAUD, THIRUVANANTHAPURAM-14.
R2 BY ADV. SRI.GOVIND PADMANAABHAN R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5488 of 2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE A : COPY OF THE FIR IN CRIME NO.846/2012 OF MUSEUM POLICE STTION ANNEXURE B : COPY OF THE CHARGE SHEET IN CRIME NO.846/2012 OF MUSEUM POLICE STATION ANNEXURE C : AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES:
NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.5488 of 2015 --------------------------------------- Dated this the 18th day of August, 2015
O R D E R
The petitioner herein is the accused in C.C No.154/2013 of the Chief Judicial Magistrate Court, Thiruvananthapuram. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 323, 324, 419 and 498A r/w 34 of the Indian Penal Code on the complaint of one Uthara who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim's affidavit shows that the whole matrimonial dispute stands resolved forever, and that she has re-united with her husband in matrimony. I am well satisfied that the parties are now leading a happy matrimony. In such a situation continuance of the prosecution will defile their matrimony, and it is appropriate that the prosecution be quashed.
2.
In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable
Crl.M.C No.5488 of 2015 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. 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 petitioner herein in C.C No.154/2013 of the Chief Judicial Magistrate Court, Thiruvananthapuram will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged. P.UBAID JUDGE ab