Rafeek v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 Crl.MC.No. 6311 of 2015 ------------------------- CRIME NO. 438/2015 OF KILIMANOOR POLICE STATION , THIRUVANANDAPURAM PETITIONERS/A1 TO A3:
--------------------
1. RAFEEK, AGED 34 YEARS, S/O. SHAFI, PULIMOOTTIL VEEDU, MEMOODU, PULIYOORKONAM P.O., MADAVOOR VILLAGE, THIRUVANANTHAPURAM.
2. FASEELA BEEVI, AGED 58 YEARS, D/O. UMMAR SAHIB, PULIMOOTTIL VEEDU, MEMOODU, PULIYOORKONAM P.O., MADAVOOR VILLAGE, THIRUVANANTHAPURAM.
3. RASEENA, AGED 31 YEARS, D/O. SHAFI, PULIMOOTTIL VEEDU, MEMOODU, PULIYOORKONAM P.O., MADAVOOR VILLAGE THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/STATE & DE FACTO COMPLAINANT:
-----------------------------------------
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE KILIMANOOR POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. FAUSIYA, AGED 21 YEARS, D/O. SALEEM, CHALUVILA VEEDU, CHOOTAYIL, KILIMANOOR, CHIRAYINKIL, THIRUVANANTHAPURAM.
R2 BY ADV. SRI.HRITHWIK R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6311 of 2015 ----------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE A : CERTIFIED COPY OF THE COMPLAINT CMP NO.912/2015 FILED BY THE 2ND RESPONDENT AGAINST THE PETITIONERS BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT-III, ATTINGAL. ANNEXURE B : CERTIFIED COPY OF THE FIR IN CRIME NO.438/2015 OF KILIMANOOR POLICE STATION.
ANNEXURE C : AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/DE FACTO COMPLAINANT.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.6311 of 2015 --------------------------------------- Dated this the 23rd day of September, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.438/2015 of the Kilimanoor Police Station, registered under Sections 323 and 498A r/w 34 of the Indian Penal Code on the complaint of one Fausiya. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Fausiya 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, and that the victim's dues also stand settled.
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; be it at the crime stage or at the trial stage or even at the appellate or revisional stage; if the parties have really settled the whole dispute, or if continuance of the prosecution will not serve any
Crl.M.C No.6311 of 2015 purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.438/2015 of the Kilimanoor Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab