Fajas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Crl.MC.No. 5696 of 2015 () --------------------------- CC.NO. 1488/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MALAPPURAM CRIME NO. 1117/2014 OF MALAPPURAM POLICE STATION, MALAPPURAM ------------------ PETITIONERS/ACCUSED NO.1 AND 2 :
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1. FAJAS S/O.ABOOBACKER, AGED 26 YEARS ALANGADAN HOUSE, HAJIYARPALLI P.O.
MALAPPURAM DISTRICT.
2. SAIFUDHEEN S/O.MUHAMMED, AGED 28 YEARS KUNDUVAYIL HOUSE, MAMPARAMBU NEAR SPINNING MILL, MALAPPURAM DISTRICT.
BY ADV. SRI.U.K.DEVIDAS RESPONDENTS/STATE/COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE MALAPPURAM POLICE STATION MALAPPURAM DISTRICT THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. SHAHANAS, W/O.FIROZ, AGED 29 YEARS FALJISHA MANZIL, (ALANGADAN HOUSE) MUTHUVATHUPARAMBU, HAJIYARPALLI P.O.
MALAPPURAM DISTRICT NOW RESIDING AT VELIYANKODAN PARAMBIL HOUSE HARITHA GARDENS, THENKARA P.O.
PALAKKAD DISTRICT-678761.
R1 BY PUBLIC PROSECUTOR SMT. S. HYMA R2 BY ADV. SMT.P.M.SHAHIDA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 5696 of 2015 () APPENDIX PETITIONERS' ANNEXURES :
ANNEXURE I : CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1117/2014 OF MALAPPURAM POLICE STATION, DATED 29/09/2014.
ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 1117/2014 OF MALAPPURAM.
ANNEXURE III THE ORIGINAL OF THE AFFIDAVIT DATED 13.3.2015 EXECUTED BY THE SECOND RESPONDENT.
RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn
P.UBAID, J.
========================= Crl.M.C.No.5696 of 2015 ========================= Dated this the 20th day of August, 2015
ORDER
The petitioners herein are the two accused in C.C.No.1488 of 2014 of the Judicial First Class Magistrate Court, Malappuram. 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 323, 354, 294(b) read with Section 34 of the Indian Penal Code on the complaint of one Shahanas, who is the 2nd 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. 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 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
Crl.M.C.No.5696 of 2015 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.
3. The victim's affidavit shows that all the pending disputes stand settled, and everything stands resolved forever. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C.No.1488 of 2014 of the Judicial First Class Magistrate Court, Malappuram 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 rkj //TRUE COPY// P.A. TO JUDGE