A.T.Razak @ Kunjappu v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 Crl.MC.No. 6777 of 2015 ------------------------- IN CC 59/2009 OF THE JUDICIAL FIRST CLASS MAGISTRAE COURT II,(FOREST OFFENCES), MANJERI CRIME NO.453/2008 OF KONDOTTY POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED AND DEFACTO COMPLAINANT:
--------------------------------------------
1. A.T.RAZAK @ KUNJAPPU, AGED 44 YEARS, S/O. KUNHAHAMMED, ANEESHA MANZIL, PALLIKKAL BAZAR POST, ERANAD TALUK, MALAPPURAM DISTRICT
2. SALEENA CHITTANGADAN, AGED 38 YEARS, D/O. MOITHEEN, C.T.C HOUSE, MORAYUR POST, ERANAD TALUK-673 647, MALAPPURAM DISTRICT BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENT/STATE:
---------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 BY PUBLIC PROSECUTOR SMT.M.T.SHEEBA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6777 of 2015 APPENDIX PETITIONERS' ANNEXURES:
ANNEXURE A1: COPY OF THE FINAL REPORT IN CRIME NO.433/2008 OF KONDOTTY POLICE STATION ANNEXURE A2: AFFIDAVIT EXECUTED BY THE 2ND PETITIONER/DEFACTO COMPLAINANT DATED 14.10.2015.
RESPONDENT'S ANNEXURES:
NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.6777 of 2015 --------------------------------------- Dated this the 19th day of October, 2015
O R D E R
The defacto complainant and also the accused in C.C. No.59/2009 of the Judicial First Class Magistrate Court II (Forest Offences), Manjeri seek orders quashing the said prosecution under Sections 406 and 498A of the Indian Penal Code, on the ground of amicable settlement out of court. The first petitioner is the accused and the second petitioner is the defacto complainant. The affidavit filed by the second petitioner shows that the whole matrimonial dispute between them stands settled and resolved forever, and that she has joined her husband in matrimony. It is submitted that the parties are now leading a very happy matrimony, and that the whole dispute stands 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 in pending proceedings, if the parties have really settled the whole dispute
Crl.M.C No.6777 of 2015 amicably out of court, and continuance of the prosecution will not serve any purpose. Here, 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. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C. No.59/2009 of the Judicial First Class Magistrate Court II (Forest Offence), 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 //True Copy// P.A to Judge ab