Jyothilal v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 Crl.MC.No. 7087 of 2015 () --------------------------- AGAINST THE JUDGMENT IN CC 825/2015 of J.M.F.C.-II,KOTTARAKKARA CRIME NO. 1449/2013 OF POOYAPALLY POLICE STATION , KOLLAM PETITIONER(S)/ACCUSED:
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1. JYOTHILAL S/O. RAJENDRAN, SHARA MANDIRAM, CHEPRAAMUKKU POOYAPPALLY, KOTARAKKARA, KOLLAM
2. RAJENDRAN SHARA MANDIRAM, CHEPRAAMUKKU, POOYAPPALLY KOTARAKKARA, KOLLAM
3. USHA W/O. RAJENDRAN, SHARA MANDIRAM, CHEPRAAMUKKU POOYAPPALLY, KOTARAKKARA, KOLLAM
4. BIJU SHARA MANDIRAM, CHEPRAAMUKKU, POOYAPPALLY KOTARAKKARA, KOLLAM
5. SHARA SHARA MANDIRAM, CHEPRAAMUKKU, POOYAPPALLY KOTARAKKARA, KOLLAM BY ADV. SRI.M.R.SARIN RESPONDENT(S)/COMPLAINANT:
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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
2. ASWATHY, AGED 27 YEARS D/O. AMBIKADEVI, THEKKEBHAGAM, VENKULAM EDAVA THIRUVANTHAPURAM - 695 001.
R2 BY ADV. SRI.G.JAYAKUMAR R1 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7087 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE A1: THE TRUE COPY OF THE FIR NO 1449/13 OF POOYAPPALLY POLICE STATION ANNEXURE A2: TRUE COPY OF THE FINAL REPORT IN CC NO 825/15 BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,KOTTARAKKARA ANNEXURE A3 AFFIDAVIR SIGNED BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ ~~~~~~~~~~~ Dated this the 6th November, 2015
O R D E R
The petitioners herein are the two accused in C.C No.825 of 2015 of the Judicial First Class Magistrate Court-II, Kottarakara. 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 read with 34 of Indian Penal Code on the complaint of one Aswathy, 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.
2.
The final report shows that the 2nd petitioner herein is not an accused in this case. The victim's affidavit shows that the whole matrimonial dispute stands settled forever and the parties have parted ways in terms of the settlement arrived at. The claims also stand settled. In such
a situation, it is appropriate that the pending prosecution be quashed.
3.
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 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 1, 3,4 and 5 in C.C No.825 of 2015 of the Judicial First Class Magistrate's Court-II, Kottarakara will
stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners 1, 3, 4 and 5 will stand released from prosecution and the bail bond, if any, executed by them will stand discharged.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge