Shanlal Kasim 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. 6892 of 2015 () --------------------------- CRIME NO. 546/2015 OF ERNAKULAM TOWN SOUTH POLICE STATION , ERNAKULAM DISTRICT ========================== PETITIONERS/A1 TO A3:
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1. SHANLAL KASIM, AGED 30 YEARS S/O. KASIM RAWTHER, ALANKAR KANALLOOR P.O., CHUNNAKKARA CHARUMOOD, ALAPPUZHA DISTRICT PRESENTLY RESIDING AT FLAT NO.123 ATHAM FLAT, AMALA BHAVAN ROAD KADAVANTHRA, KOCHI - 682020
2. SALEEM KASIM, AGED 28 YEARS W/O. KASIM RAWTHER, ALANKAR KANALLOOR P.O., CHUNNAKKARA CHARUMOOD, ALAPPUZHA DISTRICT
3. SAFLA, ZHILL, PLOT NO.7B HINDU COLONY EXT, 2ND MAIN ROAD 2ND MAIN ROAD, THIRUVALLUVAR STREET PUZHUTHIVAKKAM, CHENNAI - 600091 BY ADV. SRI.BASANT BALAJI RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE ERNAKULAM TOWN SOUTH POLICE STATION REPRESENTD THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682031
2. THASNI NAZEER, W/O. SHANLAL KASIM PAINUM MOOTILL THEKKETHIL AADIKATTUKULANAGRA, ALAPPUZHA NOW RESIDING AT FLAT NO.123, ATHAM FLAT AMALA BHAVAN ROAD, KADAVANTHRA KOCHI - 682020 R2 BY ADV. SRI.R.GOPAN R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB 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.NO.6892/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.546/2015 OF ERNAKULAM TOWN SOUTH POLICE STATION ANNEXURE B AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C. No. 6892 of 2015 --------------------------------------- Dated this the 26th day of October, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No. 546/2015 of the Ernakulam Town South Police Station, registered under Section498-A IPC and Section 4 of Dowry Prohibition Act, on the complaint of one Thasni Nazeer. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Thasni Nazeer 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. Her affidavit shows that the whole matrimonial disputes stand resolved forever. She has joined her husband in matrimony in terms of the settlement arrived at out of court, and she is very happy with her husband and the small child born in their wedlock. In such a situation, it is appropriate that the prosecution be quashed.
Crl.M.C.. No. 6892/2015 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; be it at the crime stage or at the trial stage or even at the appellate or revision stage; if the parties have really settled the whole dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No. 546/2015 of the Ernakulam Town South Police Station, will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P. UBAID, JUDGE sd // True Copy // P.A. to Judge