Deepu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Crl.MC.No. 6116 of 2015 () --------------------------- CC 1411/2012 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA CRIME NO. 553/2011 OF MALAYINKIL POLICE STATION , THIRUVANANTHAPURAM DISTRICT ===================== PETITIONERS/ACCUSED 1 TO 5:
---------------------------------------------
1. DEEPU, AGED 36 YEARSS/O. VISWAPPAN NAGA VILASOM BUNGLOW, ANDUKODU VILLAGE KANYAKUMARI DISTRICT
2. VISWAPPAN, AGED 69 YEARS, S/O. LATE KESAVAN NAGA VILASOM BUNGLOW, ANDUKODU VILLAGE KANYAKUMARI DISTRICT
3. VALSALA DEVI, AGED 59 YEARS, W/O. VISWAPPAN NAGA VILASOM BUNGLOW, ANDUKODU VILLAGE KANYAKUMARI DISTRICT
4. DHANUSH, AGED 35 YEARS, S/O. VISWAPPAN NAGA VILASOM BUNGLOW, ANDUKODU VILLAGE KANYAKUMARI DISTRICT
5. DEEPTHI, AGED 37 YEARS, D/O. VALSALADEVI NAGA VILASOM BUNGLOW, ANDUKODU VILLAGE KANYAKUMARI DISTRICT BY ADV. SRI.T.N.SURESH RESPONDENTS/STATE & DEFACTO COMPLAINANT:
-------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
2. ANJU MOHAN, AGED 32 YEARS, D/O. MOHAN THIRUVONAM VEEDU, VP 16/396, VILAVOORKKAL PANCHAYATH, PERUKAVU P.O., KATTAKADA TALUK, THIRUVANANTHAPURAM DISTRICT R2 BY ADV. SRI.C.P.PEETHAMBARAN R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.6116/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A1 COPY OF THE CHARGE SHEET IN C.C.NO.1411/2012 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA ANNEXURE A2 AFFIDAVIT DATED 5/9/2015 SWORN BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C. No.6116 of 2015 --------------------------------------- Dated this the 11th day of September, 2015
O R D E R
The petitioners herein are the accused in C.C.1411/2012 of the Judicial First Class Magistrate Court, Kattakada. 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 read with 34 IPC, on the complaint of one Anju Mohan, 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. The affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted that the parties have re-united, and that they are now very happy in 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
Crl.M.C.. No. 6116/2015 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 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.
1411/2012 of the Judicial First Class Magistrate Court, Kattakada 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.