Tigi Sara Thomas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 Crl.MC.No. 6869 of 2015 () --------------------------- CRIME NO. 339/2015 OF KOODAL POLICE STATION , PATHANAMTITTA DISTRICT ====================== PETITIONER/DEFACTO COMPLAINANT:
------------------------------------------------------- TIGI SARA THOMAS, D/O. T.J. THOMAS AGED 26 YEARS, RESIDING AT #TC-II/339(1) CRRAE-35A, CHALAKUZHY-E LANE PATTAM, THIRUVANANTHAPURAM DISTRICT BY ADVS.SRI.JOHN MATHEW (THEREZHATH) SRI.JOBIN JOHN RESPONDENTS/STATE AND ACCUSED:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031
2. BINU M. JOHN, S/O. M.I. JOHN, AGED 32 YEARS RESIDING AT MULAMOOTTIL HOUSE, INCHAPPARA KOODAL VILLAGE, PATHANAMTITTA DISTRICT - 689693
3. ANNAMMA JOHN, W/O. M.I. JOHN, AGED 60 YEARS RESIDING AT MULAMOOTTIL HOUSE, INCHAPPARA KOODAL VILLAGE, PATHANAMTITTA DISTRICT - 689693
4. M.I. JOHN, AGED 62 YEARS, RESIDING AT MULAMOOTTIL HOUSE, INCHAPPARA, KOODAL VILLAGE PATHANAMTITTA DISTRICT - 689693 R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.6869/2015 APPENDIX PETITIONER'S EXHIBITS APPENDIX I COPY OF FIR IN CRIME NO. 339/2015 DATED 11.05.2015 REGISTERED AT KOODAL POLICE STATION IN PATHANAMTITTA DISTRICT APPENDIX II COPY OF THE MEMO DATED 21.07.2015 FILED BEFORE THE HONOURABLE FAMILY COURT, PATHANAMTITTA TO WITHDRAW THE APPLICATION FILED UNDER SECTION 125 CR.P.C. AS M.C.NO.104/2015 APPENDIX III COPY OF ORDER DATED 01.08.2015 PASSED BY THE HONOURABLE FAMILY COURT, PATHANAMTITTA IN M.C. NO.104/2015 APPENXDIX IV AFFIDAVIT OF THE PETITIONER DATED 24.07.2015 RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C. No.6869 of 2015 --------------------------------------- Dated this the 26th day of October, 2015
O R D E R
The petitioner herein is the defacto complainant in Crime No.339/2015 of the Koodal Police Station registered under Section 498-A IPC. The accused in the crime are her husband and her inlaws. Her prayer herein is to quash the FIR and further proceedings against the accused under Section 482 Cr.P.C., on the ground of amicable settlement out of court. She has filed affidavit to the effect that the whole dispute stands settled now, and that she wants to join her husband in matrimony. The affidavit filed by the complainant shows that the complaint in fact happened to be made by her on some misapprehension. Now, the whole dispute stands resolved forever, and the parties have decided to continue their happy matrimony.
2. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash the prosecution, if the parties have come to terms amicably out of court, and if continuance of prosecution will
Crl.M.C.. No. 6869/2015 not serve any purpose. Here, the complainant herself is the petitioner, and she does not want to prosecute the matter further. I am well satisfied that the parties have come to terms amicably, and the victim has already joined her husband in matrimony. In such a situation, it is appropriate that the prosecution be quashed.
In the result, the FIR and further proceedings Crime No.339/2015 of the Koodal Police Station will stand quashed under Section 482 Cr.P.C.
Sd/- P. UBAID, JUDGE sd // True Copy // P.A. to Judge