Manzoor @ Mohammed Manzoor v. Ranila
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 Crl.MC.No. 6028 of 2015 () --------------------------- CC 218/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MANJERI CRIME NO. 755/2011 OF KONDOTTY POLICE STATION , MALAPPURAM DISTRICT ================== PETITIONERS/ACCUSED:
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1. MANZOOR @ MOHAMMED MANZOOR AGED 27 YEARS S/O ABOOBACKER HAJI, PULISSERIJUNDU HOUSE PALLIKKAL P.O., CHELEMBRA, MALAPPURAM DISTRICT
2. NAFEESA, W/O. ABOOBACKER HAJI, AGED 58 YEARS PULISSERIKUNDU HOUSE, PALLIKKAL P.O., CHELAMBRA MALAPPURAM DISTRICT
3. ABOOBACKER HAJI, S/O. MOHAMMED, AGED 67 YEARS PULISSERIKUNDU HOUSE, PALLIKKAL P.O.
CHELAMBRA, MALAPPURAM DISTRICT
4. SALEENA K., W/O. RASHEED, AGED 32 YEARS, CHELAKKAD HOUSE, CHAMAPARAMBA, PALLIKKAL P.O., MALAPPURAM DISTRICT BY ADV. SRI.P.SAMSUDIN RESPONDENTS/DE-FACTO COMPLAINANT AND STATE:
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1. A.K. RANILA, AGED 22 YEARS, D/O. RASHEED NECHITHADATIL HOUSE, MUSLIYARANGADI KONDOTTY- 673638, MALAPPURAM DISTRICT
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKUALAM - 682031 R1 BY ADV. SRI.K.C.ANTONY MATHEW R2 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6028/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 755/2011 OF KONDOTTY POLICE STATION ANNEXURE A2 COPY OF THE JUDGMENT DATED 20.05.2014 IN CRL..C.2665/2014 OF THIS HONOURABLE COURT ANNEXURE A3 COPY OF THE AFFIDAVIT DATED 01.09.2015 SWORN IN BY THE 1ST RESPONDENT RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.6028 of 2015 --------------------------------------- Dated this the 9th day of September, 2015
O R D E R
The petitioners herein are the accused in C.C. No.218/2014 of the Judicial First Class Magistrate Court-II, Manjeri. 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 406 read with 34 IPC, on the complaint of one Ranila, 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. 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.
Crl.M.C.No.6028 of 2015 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. Even otherwise the prosecution is liable to be quashed because the victim had earlier brought a prosecution against the petitioners on the same set of allegations, and the said prosecution stands already quashed.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C. No.218/2014 of the Judicial First Class Magistrate Court-II, Manjeri 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 sd