Rajmohan Nair v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 Crl.MC.No. 7305 of 2015 --------------------------- CC 837/2010 OF J.M.F.C.-I, VADAKARA CRIME NO. 319/2010 OF VATAKARA POLICE STATION, KOZHIKODE PETITIONER(S)/ACCUSED :- ------------------------------------------ RAJMOHAN NAIR, AGED 47 YEARS, S/O.C.K.NAIR, RESIDING AT VRINDAVAN HOUSE, MOOLAKANDAM, ANANDASRAM, KANHANGAD P.O., KASARAGOD DISTRICT.
BY ADV. SRI.T.MADHU RESPONDENT(S)/STATE :- ----------------------------------------
1. THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, VADAKARA POLICE STATION, KOZHIKODE DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SANDHYA, AGED 38 YEARS, D/O.SREEDHARAN NAMBIAR, RESIDING AT DHARSANA, CHERODE, CHERODE POST, CHERODE VILLAGE, VADAKARA TALUK, KOZHIKODE DISTRICT - 673 101.
R2 BY ADV. SMT.ASMI.V.A.
R1 BY SMT.SHEEBA M.T., PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7305 of 2015 -------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :- --------------------------------------------- ANNEXURE-A1: THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.319/2010 OF VADAKARA POLICE STATION.
ANNEXURE-A2: THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.319/2010 OF VADAKARA POLICE STATION.
ANNEXURE-A3: THE AFFIDAVIT DATED 20.10.2015 SWORN IN BY THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES :- NIL ----------------------------------------------- //TRUE COPY// P.A. T O JUDGE
P.UBAID, J.
============================ ============================ Dated this the 19th day of November, 2015
ORDER
The petitioner herein is the sole accused in C.C.No.837 of 2010 of the Judicial First Class Magistrate's Court-I, Vadakara. 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 498 (A), 494 and 406 of the Indian Penal Code on the complaint of one Sandhya, 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. 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
-:2:- 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.
3.
The victim's affidavit shows that the whole matrimonial dispute stands resolved forever, and that the marriage stands dissolved by a decree of the family court. The claims 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 petitioner herein in C.C.No.837 of 2010 of the Judicial First Class Magistrate's Court-I, Vadakara will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution,
-:3:- and the bail bond, if any, executed by him will stand discharged.
Sd/- P.UBAID JUDGE //TRUE COPY// P.A. TO JUDGE