Sreekanth v. The 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. 5842 of 2015 () --------------------------- AGAINST CC 1272/2014 of J.M.F.C.-I,NEYYATINKARA CRIME NO. 1160/2012 OF NEYYATTINKARA POLICE STATION , THIRUVANANDAPURAM PETITIONER(S)/A1-4:
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1. SREEKANTH AGED 31 YEARS S/O.SUKUMARAN, VALIYAVILLA, PUTHENVEEDU VAZUTUHOOR, NEYATTINKARA, TRIVANDRUM.
2. SREEKALA AGED 49 YEARS D/O.NALINI, VALIYAVILLA PUTHENVEEDU VAZUTUHOOR NEYATTINKARA, TRIVANDRUM.
3. SUKUMARAN AGED 73 YEARS S/O.KUJAN, PANICKER, VALIYAVILLA PUTHANVEEDU, VAZUTUHOOR, NEYATTINKARA TRIVANDRUM.
4. UNNIRAJ AGED 55 YEARS S/O.NARAYANAN, VALIYAVILLA, PUTHANVEEDU VAZUTUHOOR, NEYYATTINKARA, TRIVANDRUM.
BY ADV. SRI.M.R.SARIN RESPONDENT(S)/COMPLAINANT:
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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
2. S.L.SABITHA, AGED 28 YEARS D/O.LATHIKA, VADAKKEKARA PUTHANVEEDU, MAVUVILLA MULLAMAPALLIKONNAM, TRIVANDRUM-695133.
3. SAJUKUMAR, AGED 57 YEARS S/O.CHELLAPPAN VADAKKEKARA PUTHANVEEDU, MAVUVILLA MULLAMAPALLIKONNAM, TRIVANDRUM-695133.
R2,3 BY ADV. SRI.V.VINAR 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. 5842 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE 1 : TRUE COPY OF THE FIR NO.1160/12 OF NEYYATTINKARA POLICE STATION.
ANNEXURE 2 : TRUE COPY OF THE FINAL REPORT IN CC 1272/14 PENDING BEFORE JFCM-1 COURT NEYYATTINKARA.
ANNEXURE 3 : TRUE COPY OF THE COMPROMISE PETITION FILED BY THE 1ST PETITIONER AND R2 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. ANNEXURE 4 : AFFIDAVIT SIGNED BY R2.
ANNEXURE 5: AFFIDAVIT SIGNED BY R3.
RESPONDENT(S)' EXHIBITS --------------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ ~~~~~~~~~~~ Dated this the 21st August, 2015
O R D E R
The petitioners herein are the four accused in C.C No.1272 of 2014 of the Judicial First Class Magistrate CourtI, Neyyattinkara. 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 and 323 read with 34 of Indian Penal Code on the complaint of one Sabitha, who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She and the other victim have filed affidavit to the effect that they have settled the whole dispute with the accused, and they have no grievance or complaint now. 2.
The victim as regards offence under Sections 323 I.P.C is the 3rd respondent. The victim's affidavit shows that the whole matrimonial dispute stands resolved forever, that she has received everything due from her husband, and that the parties have decided to part-ways.
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 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.1272 of 2014 of the Judicial First Class Magistrate's Court, Neyyattinkara 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 ma /True copy/ P.S to Judge