Shiju Varghese v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Crl.MC.No. 6344 of 2015 () --------------------------- CC 162/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MAVELIKKARA CRIME NO. 45/2010 OF MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT ================== PETITIONERS/ACCUSED NOS.1 TO 3:
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1. SHIJU VARGHESE, AGED 36 YEARS S/O. V.T.VARGHESE, RESIDING AT VADAKKEVEETTIL, AKANATTUKARA KALLUMALA P.O., THAZHAKARA VILLAGE ALAPPUZHA DISTRICT 690110
2. ELIAMMA VARGHESE, AGED 65 YEARS W/O. V.T.VARGHESE, RESIDING AT VADAKKEVEETTIL, AKANATTUKARA KALLUMALA P.O., THAZHAKARA VILLAGE ALAPPUZHA DISTRICT -690110
3. VARGHESE KUNJUMON, AGED 75 YEARS S/O. THOMAS, RESIDING AT VAKADDEVEETTIL AKANATTUKARA, KALLUMALA P.O.
THAZHAKARA VILLAGE, ALAPPUZHA DISTRICT -690110 BY ADV. SRI.K.R.SUNIL RESPONDENTS/COMPLAINANT & DE-FACTO COMPLAINANT: ---------------------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MAVELIKARA POLICE STATION WHO IS REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
2. SARAMMA JOSEPH, AGED 32 YEARS, W/O. SHIJU VARGHESE, RESIDING AT SHIBU BHAVAN KUTHIRACHIRA MURI, PUNALUR VILLAGE PATHANAPURAM TALUK, KOLLAM DISTRICT - 691305 R2 BY ADV. SRI.MANU RAMACHANDRAN R1 BY PUBLIC PROSECUTOR SRI.P.K. ABDUL RAHMAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6344/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME No.45/2010 OF MAVELIKKARA POLICE STATION ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.45/2010 OF MAVELIKARA POLICE STATION FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MAVELIKARA ANNEXURE A3 ORIGINAL AFFIDAVIT DATED 4.9.2015 EXECUTED BY THE 2ND RESPONDENT (DEFACTO COMPLAINANT) RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.6344 of 2015 --------------------------------------- Dated this the 25th day of September, 2015
O R D E R
The petitioners herein are the accused in C.C.No.162/2010 of the Judicial First Class Magistrate Court-I, Mavelikkara. They seeks 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 498-A, 323, 294(b) and Section 34 IPC, on the complaint of one Saramma Joseph, 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 decided to part ways in terms of the settlement, and they have filed a joint application for divorce. 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 amicably out of
Crl.M.C..No. 6344/2015 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.No.162/2010 of the Judicial First Class Magistrate Court-I, Mavelikkara 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