Muhammed Fakkarudheen 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. 5524 of 2015 --------------------------- CRIME NO. 480/2015 OF VENGARA POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED:
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1. MUHAMMED FAKKARUDHEEN, S/O.MUHAMMED KUTTY MUSLIYAR, POTHANJEERI (H), KURUPPIN PADI, CHAPPANANGADI P.O., PONMALA VILLAGE, MALAPPURAM.
2. P.K.FATHIMA, W/O.MUHAMMED KUTTY MUSLIYAR, POTHANJEERI (H), KURUPPIN PADI, CHAPPANANGADI P.O., PONMALA VILLAGE, MALAPPURAM.
3. MUHAMMED KUTTY MUSLIYAR, S/O.POCKER, POTHANJEERI (H), KURUPPIN PADI, CHAPPANANGADI P.O., PONMALA VILLAGE, MALAPPURAM. BY ADV. SRI.P.K.NIJOY RESPONDENTS/STATE & COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. JUVAIRIYA, AGED 22 YEARS, D/O. MUHAMMED MUSLIYAR, MULLAN MADAYAN VEEDU, OORAKAM KEEZHMURI P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 507.
R2 BY ADV. SRI.MAHESH V.MENON 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. 5524 of 2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE A1: COPY OF THE FIR IN CRIME NO.480/2015 OF VENGARA POLICE STATION.
ANNEXURE A2: COPY OF THE AFFIDAVIT DATED 1.8.2015 OF THE 2ND RESPONDENT.
RESPONDENT'S ANNEXURES:
NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.5524 of 2015 --------------------------------------- Dated this the 18th day of August, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.480/2015 of the Vengara Police Station, registered under Sections 498A, 323 and 506(1) r/w 34 of the Indian Penal Code on the complaint of one Juvairiya. 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 Juvairiya is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim's affidavit shows that she and her husband have parted ways, and the whole matrimonial dispute stands resolved forever. In such a situation, it is appropriate that the pending prosecution be quashed.
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; be it at the crime stage or at the trial stage or even at the appellate or
Crl.M.C No.5524 of 2015 revisional stage; if the parties have really settled the whole dispute, or if continuance of the 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 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.480/2015 of the Vengara Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE ab