Narayanankutty v. Asha V.K.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Crl.MC.No. 7075 of 2015 ----------------------- CRIME NO. 593/2013 OF HOSDURG POLICE STATION, KASARGOD PETITIONER/ACCUSED:
---------------------- NARAYANANKUTTY, PUTHIYAKANDAM, AJANOOR GRAMAM, KASARAGOD DIST.
BY ADV. SRI.C.K.SREEJITH RESPONDENTS/DE-FACTO COMPLAINANTS & STATE:
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1. ASHA V.K., AGED 32 YEARS, W/O. NARAYANANKUTTY, PUTHIYAKANDAM, AJANOOR GRAMAM, KASARAGOD DISTRICT-671531.
2. THANKAMANI V.V, AGED 57 YEARS, W/O. KUNJIRAMAN, RAJEEVAM, MALIKKAL, PULLUR GRAMAM, KASARAGOD DIST-671531.
3. STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DIST-671315.
4. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.
R1-2 BY ADV. SMT.MARY RANZOM LOUIZ R3 & R4 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7075 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE A1- COPY OF THE FIR IN CRIME NO. 593/2013 OF THE HOSDURG POLICE STATION DT. 9-5-2013.
ANNEXURE A2- COPY OF THE CHARGE SHEET FILED BY THE HOSDURG POLICE.
ANNEXURE A3- THE AFFIDAVIT SWORN BY THE 1ST RESPONDENT AND 2ND RESPONDENT.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7075 of 2015 --------------------------------------- Dated this the 13th day of November, 2015
O R D E R
The petitioner herein is accused in C.C No.700/2015 of the Judicial First Class Magistrate Court II, Hosdurg. 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 Sections 341, 323, 324 and 506(ii) of the Indian Penal Code on the complaint of one Asha who is the first 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
Crl.M.C No.7075 of 2015 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. The first respondent is none other than the wife of the petitioner herein and the second respondent is her mother. The affidavit of the respondents convinces this Court that the whole problem between them stands resolved forever.
In the result, this petition is allowed. The prosecution against the petitioner herein in C.C No.700/2015 of the Judicial First Class Magistrate Court II, Hosdurg 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 ab //True Copy//