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High Court of KeralaCrl.MC/5642/2015allowed

Dileesh v. State Of Kerala

2015-08-19Honourable Mr. Justice P.Ubaid5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 Crl.MC.No. 5642 of 2015 () --------------------------- AGAINST CC 1748/2012 of J.M.F.C.,ALATHUR PETITIONER(S)/ACCUSED:

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1. DILEESH, AGED 35 YEARS SON OF MUKUNDAN, VELLAYATH HOUSE(ASWATHY) MURIYAD (PO), IRINJALAKUDA, THRISSUR

2. MUKUNDAN AGED 65 YEARS S/O. KRISHNAN NAIR, VELLAYATH HOUSE(ASWATHY) MURIYAD (PO), IRINJALAKUDA, THRISSUR

3. PARVATHY AGED 54 YEARS WIFE OF MUKUNDAN, VELLAYATH HOUSE(ASWATHY) MURIYAD (PO0, IRINJALAKUDA, THRISSUR BY ADV. SRI.P.BHASKARAN RESPONDENT(S)/COMPLAINANTS:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PIN 682 011

2. THE SUB INSPECTOR OF POLICE, NENMARA, PALAKKAD DISTRICT

3. PRAJITHA T, AGED 28 YEARS D/O. MOHANAN, THEJASS, VELAMANDHAM AYILOOR, NENMARA (P.O), PALAKKAD DISTRICT R3 BY ADV. SRI.BINOY VASUDEVAN R1 & R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5642 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE A1 TRUE COPY OF THE FIR NO 435/2012 DATED 17-05-2012 ANNEXURE A2 TRUE COPY OF THE JUDGEMENT IN O.P NO. 899/2013 DATED 16-06-2014 ANNEXURE A3: TRUE COPY OF THE JOINT COMPROMISE PETITION DATED 10-08-2015 ANNEXURE A4: TRUE COPY OF THE JOINT COMPROMISE PETITION DATED 10-08-2015 ANNEXURE A5: TRUE COPY OF THE JOINT COMPROMISE PETITION IN M.C 84/2012 ANNEXURE A6: TRUE COPY OF THE JOINT COMPROMISE PETITION IN O.P NO 1385/2012 ANNEXURE A7: TRUE COPY OF THE SWRON AFFIDAVIT DUELY SIGNED BY THE 3RD RESPONDENT DATED 11-08-2015 ANNEXURE A8 TRUE COPY OF THE FINAL REPORT IN C.C 1748/2012 17-05-2012 RESPONDENT(S)' EXHIBITS ------------------------------ /TRUE COPY/ P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No.5642 of 2015 ~~~~~~~~~~~ Dated this the 19th August, 2015

O R D E R

The petitioners herein are the three accused in C.C No.1748 of 2012 of the Judicial First Class Magistrate's Court, Alathur. 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 498A read with 34 of Indian Penal Code on the complaint of one Prajitha, who is the 3rd 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.

The victim's affidavit shows that the whole matrimonial dispute stands resolved forever, and that the parties have decided to part ways. All the connected cases stand settled. In such a situation, it is appropriate that this proceeding also be closed.

Crl.M.C No.5642 of 2015 3.

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 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, and I am satisfied that the parties are now on quite cordial terms. 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.1748 of 2012 of the Judicial First Class Magistrate's Court, Alathur will stand quashed under Section 482 of the Code of Criminal

Crl.M.C No.5642 of 2015 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 ma /True copy/ P.S to Judge