Sajith K.Manoharan v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 Crl.MC.No. 6899 of 2015 ------------------------ IN CC 1084/2013 OF THE JUDICIAL FIRST CLASS MAGISTRTATE COURT, NILAMBUR CRIME NO. 254/2013 OF POTHUKAL POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED:
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1. SAJITH K.MANOHARAN, S/O MANOHARAN, SYAM NIVAS, PAPPANAMKODE.P.O, KAIMANAM, THIRUVANANTHAPURAM DISTRICT.
2. SARASAMMA SUDHA, W/O.MANOHARAN, SYAM NIVAS, PAPPANAMKODE.P.O KAIMANAM, THIRUVANANTHAPURAM DISTRICT.
3. MANOHARAN, S/O.KUTTAN PANICKER, SYAM NIVAS, PAPPANAMKODE.P.O KAIMANAM, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE AND COMPLAINANT:
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM KOCHI-682031-FOR THE SUB INSPECTOR OF POLICE POTHUKAL POLICE STATION, MALAPPURAM DISTRICT.
2. SONY.A.S, D/O.SARO KUMAR, ELLUMKALAYIL HOUSE, BHOOTHANAM COLONY.P.O, POTHUKAL, NILAMBUR MALAPPURAM DISTRICT, PIN-679334.
R2 BY ADV. SRI.P.A.RAJESH R1 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6899 of 2015 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE-A : COPY OF THE FINAL REPORT/CHARGE IN C.C.1083/2013 OF THE J.F.C.M.NILAMBUR.
ANNEXURE-B : COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 10-6-2015.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.6899 of 2015 --------------------------------------- Dated this the 27th day of October, 2015
O R D E R
The petitioners herein are the three accused in C.C No.1084/2013 of the Judicial First Class Magistrate Court, Nilambur. 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 Sections 498A and 406 r/w Section 34 of the Indian Penal Code, on the complaint of one Sony, who is the second 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.
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 amicably out of court, and continuance of the prosecution will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement
Crl.M.C No.6899 of 2015 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. The victim's affidavit shows that the whole matrimonial dispute stands resolved forever, and that the victim has received adequate amount of compensation. It is submitted that the parties have parted ways in terms of the settlement arrived at. In such a situation, it is appropriate that the prosecution be quashed.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.1084/2013 of the Judicial First Class Magistrate Court, Nilambur 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 ab //True Copy//