Nisar Ahammad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Crl.MC.No. 6972 of 2015 () --------------------------- CC 1010/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, KOYILANDY CRIME NO. 9/2014 OF ELATHUR POLICE STATION , KOZHIKODE =================== PETITIONERS/ACCUSED:
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1. NISAR AHAMMAD, AGED 31 YEARS S/O. IBRAHIM, PUTHUSSERYKANDY HOUSE BEACH ROAD, KOYILANDY TALUK KOZHIKOD DISTRICT
2. MARIYAKKUTTY, AGED 69 YEARS W/O. IBRAHIM, PUTHUSSERYKANDY HOUSE BEACH ROAD, KOYILANDY TALUK KOZHIKOD DISTRICT
3. RUKHIYA, AGED 43 YEARS, W/O. HASSANKOYA FAHANA HOUSE, PUTHUSSERYKANDY HOUSE BEACH ROAD, KOYILANDY TALUK KOZHIKOD DISTRICT
4. RAHIYYA, AGED 36 YEARS, W/O. SHAMSU PUTHUSSERYKANDY HOUSE BEACH ROAD, KOYILANDY TALUK KOZHIKOD DISTRICT BY ADV. SMT.K.DEEPA (PAYYANUR) RESPONDENTS/COMPLAINANT & STATE:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM
2. SHABNA, AGED 22 YEARS, D/O. MAMMADKOYA POONATTIL HOUSE, CHETTIKULAM, ELATHUR KOZHIKODE TALUK, KOZHIKODE DISTRICT R2 BY ADV. SMT.CELINE JOSEPH R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.6972/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE I CERTIFIED COPY OF THE FIR OF CRIME NO.9/2014 OF THE ELEATHUR POLICE STATION, KOZHIKODE ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT OF CRIME NO.9/2014 OF THE ELEATHUR POLICE STATION, KOZHIKODE ANNEXURE III COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT ANNEXURE IV AFFIDAVIT FILED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.6972 of 2015 --------------------------------------- Dated this the 29th day of October, 2015
O R D E R
The petitioners herein are the accused in C.C.No.1010/2014 of the Judicial First Class Magistrate Court, Koyilandy. 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 498-A, 406, 506(i) and 294(b) read with 34 IPC, on the complaint of one Shabna, 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 the marriage stands dissolved in terms of the compromise arrived at. It is submitted that the victim's claims also stand settled. In such a situation, it is appropriate that the prosecution be quashed.
2. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the
Crl.M.C.No.6972 of 2015 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 petitioners herein in C.C.No.
1010/2014 of the Judicial First Class Magistrate Court, Koyilandy 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 sd // True Copy // P.A.