Kirhore.R.G v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 Crl.MC.No. 7020 of 2015 () --------------------------- CC 2626/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-III,NEYYATTINKARA CRIME NO. 206/2014 OF NARUVAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT ======================== PETITIONERS/ACCUSED 1 AND 2:
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1. KIRHORE.R.G., AGED 30 YEARS S/O. RAVI, CHAITHRAM, MOTTAMOODU PRAVACHAMBALAM POST THIRUVANANTHAPURAM
2. GEETHA, AGED 55 YEARS, W/O. RAVI CHAITHRAM, MOTTAMOODU PRAVACHAMBALAM POST THIRUVANANTHAPURAM BY ADVS.SRI.D.AJITHKUMAR SRI.D.JEEVAN RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 6820311
2. SUB INSPECTOR OF POLICE NARUVAMOODU POLICE STATION
3. PRIYA L., AGED 25 YEARS, D/O. C. PRADEEP KUMAR CHITTUPARAMBIL VEEDU, SINGAPORE MUKKU PALLIPURAM POST, SREEKARYAM HIRUVANANTHAPURAM, NOW RESIDING AT 566(17578), ANACHEKKAR PUTHEN VEEDU-6 KARICHIRA, ANDOORKONAM, THIRUVANANTHAPURAM R3 BY ADV. SRI.T.PRADEEP R1 & R2 BY PUBLIC PROSECUTOR SMT. MADHUBEN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO. 7020/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.206/2014 BY NARUVAMOODU POLICE STATION ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT INCRIME NO.206/2014 BY NARUVAMOODU POLICE STATION ANNEXURE C AFFIDAVIT OF THE DEFACTO COMPLAINANT ALONG WITH COMPOUNDING PETITION DATED 20.08.2015 RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A.TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.7020 of 2015 --------------------------------------- Dated this the 2nd day of November, 2015
O R D E R
The petitioners herein are the accused in C.C. No.2626/2015 of the Judicial First Class Magistrate Court-III, Thiruvananthapuram. 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 Section 498-A IPC, on the complaint of one Priya, who is the 3rd 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 claims also stand settled. Now, it is submitted that the marriage stands dissolved in terms of the compromise arrived at. 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. 7020/2015 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.
2626/2015 of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, 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. to Judge Contd....
Crl.M.C.. No. 7020/2015 "C.C.No.2626 of 2015 of Judicial First Class Magistrate Court-III, Thiruvananthapuram" occurring in the first sentence of paragraph 1 and in the operative portion of the final order dated 02/11/2015 in Crl.M.C.No.7020/2015 is corrected and substituted as "C.C.No.2626 of 2014 of Judicial First Class Magistrate Court-III, Neyyattinkara" as per order dated 21/02/2018 in Crl.M.A.No.1574/2018 in Crl.M.C.No.7020/2015.
Sd/- Registrar (Judicial)