Praveen Nair 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. 6895 of 2015 () --------------------------- CC 900/2014 of ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT(ECONOMIC OFFENCES),ERNAKULAM CRIME NO. 1474/2013 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM DISTRICT ======================== PETITIONER/ACCUSED:
---------------------------------- PRAVEEN NAIR, AGED 46 YEARS S/O.SIVASANKARAN NAIR B.804 NCC, PEARL BAG, PUTHIYA ROAD K.P.VALLON ROAD, KADAVANTHRA ERNAKULAM DISTRICT BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS/STATE & COMPLAINANT:
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1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THROUGH SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION ERNAKULAM, KOCHI - 682031
2. ANUPAMA, AGED 36 YEARS, D/O. GOVINDAN MADATHIL VEEDU, KAYILIYAD P.O.
MAMPATTAPADI, SHORNUR PALAKKAD DISTRICT, PIN - 679122 R2 BY ADV. SRI.ARUN MATHEW VADAKKAN 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. No. 6895/2015 APPENDIX PETITIONER'S EXHIBITS ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 25.10.2013 IN CRIME NO. 1474/2013 OF ERNAKULAM TOWN SOUTH POLICE STATION ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT DATED 31.10.2013 IN CRIME NO. 1474/2013 OF ERNAKULAM TOWN SOUTH POLICE STATION ANNEXURE A3 AFFIDAVIT OF THE 2ND RESPONDENT DATED 24.10.2015 RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C. No.6895 of 2015 --------------------------------------- Dated this the 26th day of October, 2015
O R D E R
The petitioner herein is the accused in C.C. No.900/2014 of the Additional Chief Judicial Magistrate's Court, (Economic Offences), Ernakulam. 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 498-A IPC, on the complaint of one Anupama, who 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 dispute stands resolved forever, and that she has joined her husband in matrimony. Now, it is submitted that they are leading a very happy matrimony. In such a situation, it is appropriate that the prosecution be quashed.
2. In so many decisions, the Hon'ble Supreme Court has
Crl.M.C.. No. 6895/2015 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.900/2014 of the Additional Chief Judicial Magistrate's Court, (Economic Offences), Ernakulam, 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 // True Copy // P.A. to Judge