Abhijith M S v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Crl.MC.No. 7111 of 2015 (E) --------------------------- SC 212/2011 OF THE DISTRICT & SESSIONS COURT -II, THIRUVANANTHAPURAM CRIME NO. 95/2010 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED :- ------------------------------------- ABHIJITH M.S., S/O.MONY, CHITHIRA CHEKKADY, ARUMANOOR DESOM, POOVAR, THIRUPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695 525.
BY ADV. SRI.S.SAJU RESPONDENT(S)/STATE & DE-FACTO COMPLAINANT :- --------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE C.I OF POLICE, POOVAR POLICE STATION, THIRUVANANTHAPURAM- THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THANKAPPAN H.,S/O.HARISH, ASHA BHAVAN, ELAYINGAVILAKAM, POOVAR P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695 525.
3. GREESHA RANI B.T., W/O.ABHIJITH M.S, CHITHIRA CHEKKADY, ARUMANOOR DESOM, POOVAR, THIRUPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695 525.
R2 & R3 BY ADV. SRI.P.M.SHAMEER R1 BY SMT.SHEEBA M.T., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7111 of 2015 (E) -------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :- ---------------------------------------------- ANNEXURE A1 : THE CERTIFIED COPY OF THE FIR IN CRIME 95/10 OF POOVAR POLICE STATION DATED 25.2.10.
ANNEXURE A2 : THE CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.95/2010 OF POOVAR POLICE STATION IN SC 212/11 OF HONOURABLE DISTRICT AND SESSIONS COURT II AT THIRUVANANTHAPURAM.
ANNEXURE A3 : TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 9.8.12 ISSUED BY THE SUB-REGISTRAR CUM MARRIAGE OFFICER, POOVAR. ANNEXURE A4 : THE ORIGINAL OF THE AFFIDAVIT FILED BY 2ND RESPONDENT DATED 5.11.15.
ANNEXURE A5 : THE ORIGINAL OF THE AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 5.11.15.
RESPONDENT(S)' ANNEXURES :- NIL ------------------------------------------------ //TRUE COPY// P.A. TO JUDGE
P.UBAID, J.
============================ Crl.M.C.No.7111 of 2015 ============================ Dated this the 16th day of November, 2015
ORDER
A prosecution involving the offences under Sections 366A and 376 IPC is sought to be quashed under Section 482 Cr.P.C. The petitioner is the sole accused in S.C.No.212 of 2011 of the Court of Session, Thiruvananthapuram. The police registered the crime on the complaint of the second respondent herein. The third respondent is the victim of offence. The petitioner seeks orders on the ground of amicable settlement of the whole dispute out of court. Both the respondents have filed affidavit to the effect that the whole dispute stands settled amicably, and that the petitioner has already married the victim in terms of the settlement. On hearing both sides, and on a perusal of the materials, I find that this is a case of elopement by the victim with the petitioner, with the object of getting married. Materials will show that they had been in love for years, and a crime happened to be registered because, the girl was aged only 15 years at the time of the incident. Now, the petitioner has married the victim, and the
Crl.M.C.No.7111 of 2015 2 marriage is registered under the law. Annexure-A3 is copy of the marriage certificate. The victim is now aged 21 years. Her affidavit shows that she is happy in matrimony with the petitioner herein, and that there is no problem in between them, or between the petitioner and the father-in-law. The whole dispute stands resolved forever.
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, or if continuance of further proceedings will not serve any purpose in such a circumstance of amicable settlement. If the present prosecution is allowed to continue, it will definitely defile the happy matrimony. It is appropriate that the prosecution be quashed. In the result, this petition is allowed. The prosecution against the petitioner in S.C.No.212 of 2011 of the Court of Session, Thiruvananthapuram (Second Additional Sessions Court) will stand quashed under Section 482 Cr.P.C.
Sd/- P.UBAID JUDGE //TRUE COPY// P.A. TO JUDGE