Majeed Kunju v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 Crl.MC.No. 5778 of 2015 ------------------------- IN CC 1956/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTI, KOLLAM CRIME NO. 1042/2013 OF ANCHALUMMOODU POLICE STATION, KOLLAM PETITIONERS/PETITIONERS:
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1. MAJEED KUNJU, AGED 40 YEARS, S/O.UMMERKUTTY, MURUKKUM VILA, VADAKKEKKARA CHERRY, THRIKKARUVA, KOLLAM.
2. UMMERKUTTY, AGED 70 YEARS, S/O.ALIKKUNJU, MURUKKUM VILA, VADAKKEKKARA CHERRY, THRIKKARUVA, KOLLAM.
3. FATHIMA KUNJU, AGED 65 YEARS, W/O.UMMERKUNJU, MARUKKUM VILA, VADAKKEKKARA CHERRY, THRIKKARUVA, KOLLAM.
4. JAMEELATH, AGED 35 YEARS, D/O.UMMER KUNJU, MURUKKUM VILA, VADAKKEKKARA CHERRY, THRIKKARUVA, KOLLAM.
BY ADV. SRI.RAVI KRISHNAN RESPONDENTS:
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1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALAM (CRIME NO.1042/2013 OF ANCHALUMMODU POLICE STATION, KOLLAM)
2. SHERMI, AGED 23 YEARS, W/O.MAJEED KUNJU, MURUKKUM VILA, VADAKKEKKARA CHERRY, THRIKKARUVA, KOLLAM.
R2 BY ADV. SRI.PRINSUN PHILIP R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5778 of 2015 ----------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- A1: COPY OF THE FIR IN CRIME NO.1042/2013 OF ANCHALUMMOODU POLICE STATION, KOLLAM.
A2: COPY OF THE FINAL REPORT C.C NO.1956/2015 ON THE FILE OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM. A3: AFFIDAVIT SWORN BY THE 2ND RESPONDENT STATING THAT SHE HAS NO OBJECTION IN QUASHING THE ENTIRE PROCEEDINGS PURSUANT TO FINAL REPORT IN C.C.NO.1956/2015 OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOLLAM.
RESPONDENTS' ANNEXURES:
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P.UBAID, J.
--------------------------------------- Crl.M.C No.5778 of 2015 --------------------------------------- Dated this the 21st day of August, 2015
O R D E R
The petitioners herein are the four accused in C.C No.1956/2015 of the Judicial First Class Magistrate Court I, Kollam. 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 of the Indian Penal Code on the complaint of one Shermi, who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim's affidavit shows that she has reunited with her husband in matrimony, and she is now leading a very happy matrimony with the husband. In such a situation continuance of prosecution may cause hardship and embarrassment to both the parties.
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
Crl.M.C No.5778 of 2015 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 petitioners herein in C.C No.1956/2015 of the Judicial First Class Magistrate Court I, Kollam 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.
P.UBAID JUDGE ab