Mohammed Haris v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 Crl.MC.No. 6012 of 2015 ------------------------ IN CC 1117/2015 OF THE ADDL.CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM CRIME NO. 2290/2014 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED 1 TO 3:
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1. MOHAMMED HARIS, AGED 39 YEARS, S/O.IQBAL, 12F, APARTMENT D.D NEST FLAT, KARANAKODAM JUNCTION, KALOOR P.O, ERNAKULAM - 682 017.
2. IQBAL, AGED 67 YEARS, S/O.NOOR MUHAMMED, 12F, APARTMENT D.D NEST FLAT, KARANAKODAM JUNCTION, KALOOR P.O, ERNAKULAM - 682 017.
3. SHEREENA, AGED 67 YEARS, W/O.IQBAL, 12F, APARTMENT D.D NEST FLAT, KARANAKODAM JUNCTION, KALOOR P.O, ERNAKULAM - 682 017 BY ADVS.SRI.N.C.SAJITH SRI.JEEMON P.ABRAHAM RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SHARMINA, AGED 35 YEARS, D/O.K.P.RAFEEK, 41/2571-A, MANZIL, NORTH RAILWAY STATION ROAD, KOCHI - 682 018.
R2 BY ADV. SMT.T.J.MARIA GORETTI R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6012 of 2015 APPENDIX PETITIONERS' ANNEXURES:
ANNEXURE A: COPY OF THE FINAL REPORT SUBMITTED BY THE FIRST RESPONDENT IN CRIME NO.2290/2014 OF E.T NORTH POLICE STATION, ERNAKULAM.
ANNEXURE B: AFFIDAVIT EXECUTED BY THE SECOND RESPONDENT. RESPONDENT'S ANNEXURES:
NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.6012 of 2015 --------------------------------------- Dated this the 8th day of September, 2015
O R D E R
The petitioners herein are the three accused in C.C No.1117/2015 of the Additional Chief Judicial Magistrate Court, Ernakulam. 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 498(A) r/w Section 34 of the Indian Penal Code on the complaint of one Sharmina, who is the second respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim's affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted that the victim has reunited with her husband, and that they are now leading a very happy matrimony. In such a situation, it is appropriate that the prosecution be quashed. 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
Crl.M.C No.6012 of 2015 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.1117/2015 of the Additional Chief Judicial Magistrate Court, Ernakulam 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