Irshad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Crl.MC.No. 7249 of 2015 ------------------------- IN CC 237/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT (FOREST OFFENCES),MANJERI CRIME NO. 941/2014 OF MANJERI POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED:
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1. IRSHAD, AGED 27 YEARS, S/O.MUHAMMED, PANDARAPETTY HOUSE, VALLUVAMBRAM, POOKOTTUR, MALAPPURAM DISTRICT.
2. MUHAMMED, AGED 58 YEARS, S/O.HYDROSE, PANDARAPETTY HOUSE, VALLUVAMBRAM, POOKOTTUR, MALAPPURAM DISTRICT.
3. FATHIMA, AGED 55 YEARS, W/O.MUHAMMED, PANDARAPETTY HOUSE, VALLUVAMBRAM, POOKOTTUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAKESH RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI - 682 031 - THROUGH THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM DISTRICT.
2. PARAMBAN KARUTHODI SHIBINA, D/O.ABDURAHIMAN, PARAMBAN KARUTHODI HOUSE, VADAKKUMURI, IRUMBUZHI, ERNAD TALUK, MALAPPURAM DISTRICT PIN - 676 513.
R2 BY ADV. SMT.K.NISHA R1 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7249 of 2015 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE-A: COPY OF THE CHARGE IN CRIME NO.941/2014 OF THE MANJERI POLICE STATION.
ANNEXURE-B: COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 13.11.2015 RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7249 of 2015 --------------------------------------- Dated this the 17th day of November, 2015
O R D E R
The petitioners herein are the three accused in C.C No.237/2015 of the Judicial First Class Magistrate Court II, (Forest Offences), Manjeri. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute them and the de facto complainant. Crime in this case was registered under Sections 323, 406 and 498A r/w 34 of the Indian Penal Code on the complaint of one Shibina who is the second 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 further prosecution will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement
Crl.M.C No.7249 of 2015 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 victim's affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted that the parties have parted ways in terms of the settlement, and the claims of the victim also stand settled. In such a situation, it is appropriate that the prosecution be quashed.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.237/2015 of the Judicial First Class Magistrate Court II, (Forest Offences), Manjeri 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 ab JUDGE //True Copy//