Siyas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 Crl.MC.No. 7390 of 2015 --------------------------- CC 355/2010 of J.M.F.C.-I, ATTINGAL CRIME NO. 119/2010 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED 1 TO 3 :- ------------------------------------------------
1. SIYAS, AGED 35 YEARS, S/O.ABDUL RASHEED, SIAM MANZIL, AYANI MOODU, PULI VEEDU WARD, KEEZHETHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2. ABDUL RASHEED, AGED 60 YEARS, S/O.MUHAMMEDALI, SIAM MANZIL, AYANI MOODU, PULI VEEDU WARD, KEEZHETHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
3. NABEESA, AGED 50 YEARS, D/O.KHADEEJA, SIAM MANZIL, AYANI MOODU, PULI VEEDU WARD, KEEZHETHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENTS/STATE-DEFACTO COMPLAINANT :- --------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. ASEENA, AGED 28 YEARS, D/O ABIDABEEVI, PERUNKUR, VALLAKATHUM MOODU VEEDU, NEDUMPULLI MURI, VEMBAYAM, THIRUVANANTHAPURAM DISTRICT - 695 001.
R2 BY ADV. SMT.V.VIJITHA R1 BY SRI.JUSTIN JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7390 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :- ---------------------------------------------- ANNEXURE A1 : CERTIFIED COPY OF THE FINAL REPORT IN CC 355/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL. ANNEXURE A2 : TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT. RESPONDENT(S)' ANNEXURES :- NIL ----------------------------------------------- //TRUE COPY// P.A. TO JUDGE
P.UBAID, J.
============================ ============================ Dated this the 24th day of November, 2015
ORDER
The petitioners herein are the three accused in C.C.No.355 of 2010 of the Judicial First Class Magistrate Court-I, Attingal. 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 Section 498A read with Section 34 of the Indian Penal Code on the complaint of one Aseena, 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,
-:2:- 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 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. It is submitted from both sides that the marriage stands dissolved, and that the claims of the victim also stand settled. In such a situation, it is appropriate that the pending prosecution be quashed. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C.No.355 of 2010 of the Judicial First Class Magistrate Court-I, Attingal will stand
-:3:- 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 JUDGE //TRUE COPY// P.A. TO JDUGE