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High Court of KeralaCrl.MC/5648/2015allowed

Balakrishnan v. Beena

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. 5648 of 2015 () --------------------------- AGAINST CC 1436/2012 of J.M.F.C.,VADAKARA CRIME NO. 785/2012 OF VATAGARA POLICE STATION , KOZHIKODE PETITIONER(S)/ACCUSED 1 TO3:

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1. BALAKRISHNAN AGED 48 YEARS S/O CHATHU NAIR, PALLIYATH , POOLAKKOOL PO KAKKATTIL, KOZHIKODE DISTRICT.

2. AMMALU AMMA W/O CHATHU NAIR, PALLIYATH , POOLAKKOOL PO KAKKATTIL, KOZHIKODE DISTRICT

3. RAJEEV S/O CHATHU NAIR, PALLIYATH , POOLAKKOOL PO KAKKATTIL, KOZHIKODE DISTRICT BY ADV. SMT.K.LASITHA RESPONDENT(S)/COMPLAIANANT & STATE:

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1. BEENA, AGED 38 YEARS, D/O KRISHNAN NAIR, KANDOTH, CHEMMARATHUR VATAKARA, KOZHIKODE DISTRICT -673 521.

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM R1 BY ADV. SMT.T.T.JAYANTHY 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. 5648 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE A1: TRUE COPY OF THE COMPLAIANT FILED BY 1ST RESPONDENT BEFORE S.I OF POLICE VATAKARA ANEXURE A2: CERTIFIED COPY OF THE FIR 785/12 SUBMITTED BY THE SUB INSPECTOR FO POLCE, VATAKARA ANNEXURE A3: FINAL REPORT DT. 8/8/12 IN FIR NO. 785 /12 OF REGISTRERED BEFORE THE SUB INSPECTOR OF POLICE VATAKARA ANNEXURE A4: 161 STATEMENT OF THE WITNESS FILED BY THE SI OF POLICE VATAKARA ANNEXURE A5: A JOINT COMPROMISE PETITION SIGNED BY THE PETITIONERS AND THE 1ST RESPONDENT ANNEXURE A6: AFFIDAVIT OF RESPONDENT NO. 1 RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No.5648 of 2015 ~~~~~~~~~~~ Dated this the 19th August, 2015

O R D E R

The petitioners herein are the three accused in C.C No.1436 of 2012 of the Judicial First Class Magistrate's Court, Vatakara. 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, 406, 503 and 506 (2) read with 34 of Indian Penal Code on the complaint of one Beena, who is the 1st 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 marriage stands dissolved by a decree of divorce, and that the whole matrimonial dispute stands resolved forever. It is submitted that the victim has remarried and she is now leading a happy matrimony. In such a situation, it is appropriate that

Crl.M.C No.5648 of 2015 the pending prosecution be closed.

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.1436 of 2012 of the Judicial First Class Magistrate's Court, Vatakara will stand

Crl.M.C No.5648 of 2015 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 ma /True copy/ P.S to Judge