Haroon Rasheed v. Amina
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 Crl.MC.No. 6229 of 2015 () --------------------------- CC 91/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT.-II (FOREST OFFENCES), MANJERI ===================== PETITIONERS/ACCUSED:
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1. HAROON RASHEED, AGED 39 YEARS NADEER AHAMMED,BHARATNAGAR P.O.
SARAIHPALAYAM, NAGMARA CIRCLE THANISANDRA MAIN ROAD BANGALORE-45
2. GULAB JAN, W/O. NADEER AHAMMED BHARATNAGAR P.O., SARAIHPALAYAM NAGMARA CIRCLE, THANISANDRA MAIN ROAD BANGALORE-45
3. SHASHUNNEESA, W/O. NADEER AHAMMED BHARATNAGAR P.O., SARAIHPALAYAM NAGMARA CIRCLE, THANISANDRA MAIN ROAD BANGALORE-45 BY ADV. SRI.SUNNY MATHEW RESPONDENT(S):
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1. AMINA, D/O. ALAVI (LATE), ANAMAITHADAM HOUSE MUNDAKULAM, MUTHUVALLUR - 673503
2. THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT - 676001
3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031 R1 BY ADV. SRI.C.C.ANOOP R2 & R3 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.6229/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE -A1 COPY OF THE FINAL REPORT IN C.C.91/2014 OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-II,(FOREST OFFENCES), MANJERI ANNEXURE-A2 COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 1ST RESPONDENT/DEFACTO COMPLAINANT AND THE 1ST PETITIONER ANNEXURE-A3 COPY OF THE AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT/DEFACTO COMPLAINANT RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.6229 of 2015 --------------------------------------- Dated this the 17th day of September, 2015
O R D E R
The petitioners herein are the accused Nos.1 to 3 in C.C.91/2014 of the Judicial First Class Magistrate Court-II(Forest Offences), 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 Section 34 IPC, on the complaint of one Amina, 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. The affidavit shows that the whole matrimonial dispute stands resolved forever, and that her husband has divorced her in terms of the settlement arrived at. I am satisfied that the dues also stand settled. 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
Crl.M.C.No.6229 of 2015 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.91/2014 of the Judicial First Class Magistrate Court-II(Forest Offences), 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