Manzoor M. v. Naseera
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 Crl.MC.No. 6513 of 2015 () --------------------------- CC 417/2014 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD CRIME NO. 172/2014 OF KASARAGOD POLICE STATION , KASARGOD DISTRICT ================ PETITIONER/ACCUSED:
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1. MANZOOR M., AGED 29 YEARS S/O.ABOOBECKER, R/AT MANZOORA MANZIL PADINHAR, BEVINJA, P.O., THEKKIL FERRY KASARAGOD TALUK AND DISTRICT.
2. BEEFATHIMA, AGED 49 YEARS W/O.ABOOBECKER, R/AT MANZOORA MANZIL PADINHAR, BEVINJA, P.O., THEKKIL FERRY KASARAGOD TALUK AND DISTRICT.
3. AKBARALI, AGED 24 YEARS S/O.ABOOBECKER, R/AT MANZOORA MANZIL PADINHAR, BEVINJA, P.O., THEKKIL FERRY KASARAGOD TALUK AND DISTRICT.
4. MANZOORA, W/O.NOUSHAD, R/ AT MANZOORA MANZIL, PADINHAR, BEVINJA P.O., THEKKIL FERRY KASARAGOD TALUK AND DISTRICT.
BY ADV. SRI.T.B.SHAJIMON RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:
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1. NASEERA, AGED 22 YEARS D/O.USMAN, RESIDING AT AL-AMEEN HOUSE, MANGAD P.O.BARA, ARAMANGANAM, KALANAD KASARAGOD TALUK AND DISTRICT.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R2 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
R1 BY SRI.LOHITHAKSHAN CHATHADI KANNOTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6513 of 2015 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------ AI: TRUE COPY OF THE FINAL REPORT RESPONDENTS' EXHIBITS --------------------------------------- NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.6513 of 2015 --------------------------------------- Dated this the 6th day of October, 2015
O R D E R
The petitioners herein are the accused in C.C. No.417/2014 of the Judicial Chief Judicial Magistrate Court, Kasaragod. 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 Naseera, 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. Her affidavit shows that the whole matrimonial dispute stands resolved forever, and that she has joined her husband in matrimony. They are now leading a very happy matrimonial life. 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
Crl.M.C.. No. 6513/2015 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. No.417/2014 of the Judicial Chief Judicial Magistrate Court, Kasaragod 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 // True Copy // P.A. to Judge