Jayakumar 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. 6353 of 2015 () --------------------------- CC 352/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,KOTTARAKKARA CRIME NO. 2530/2010 OF KOTTARAKKARA POLICE STATION , KOLLAM DISTRICT ================== PETITIONER/ACCUSED:
---------------------------------- JAYAKUMAR, AGED 33 YEARS S/O. THULASEEDHARAN PILLAI JAYAVILASOM, PANAYARA MURI UMMANNOOR VILLAGE KOTTARAKKARA, KOLLAM DISTRICT BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/STATE/COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031
2. STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT - 691506
3. SOUMYA, AGED 26 YEARS, D/O. SARASWATHYAMMA SOUMYA BHAVAN, MARANGATTUKONAM MURI ANDOOR P.O., VALAKOM VILLAGE KOTTARAKKARA, KOLLAM DISTRICT R3 BY ADV. SMT.CHITHRA R.SHENOY R1 & R2 BY PUBLIC PROSECUTORSMT. LILLY LESLIE 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.6353/2015 APPENDIX PETITIONER'S EXHIBITS ANNEXURE NO.1 TRUE COPY OF THE CHARGE SHEET IN C.C.352/2011 ANNEXURE NO.2 AFFIDAVIT FILED BY THE THIRD RESPONDENT RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.6353 of 2015 --------------------------------------- Dated this the 25th day of September, 2015
O R D E R
The petitioner herein is the accused in C.C.No.352/2011 of the Judicial First Class Magistrate Court-I, Kottarakara. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Section 498A IPC, on the complaint of one Soumya, who is the 3rd 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 she has joined her husband in matrimony in terms of the settlement made amicably out of court, and that they are now leading a very happy matrimonial life. In such a situation, it is appropriate that the pending prosecution be quashed Otherwise, it will defile their matrimony.
2. In so many decisions, the Hon'ble Supreme Court has
Crl.M.C..No. 6353/2015 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. 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 petitioner herein in C.C.No.352/2011 of the Judicial First Class Magistrate Court-I, Kottarakara will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
Sd/- P. UBAID, JUDGE sd