Safiya A v. Fadhiya Abdul Khader
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 Crl.MC.No. 7462 of 2015 () --------------------------- CC 726/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG CRIME NO. 863/2012 OF CHANDERA POLICE STATION,KASARGOD DISTRICT ================= PETITIONERS/A1,A3 & A4:
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1. SAFIYA A., AGED 45 YEARS W/O JAMALUDHEEN, A.B.HOUSE, KAVILIYATTU SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.
2. JAMALUDHEEN K., AGED 53 YEARS S/O KUNHIMOIDEEN, A.B.HOUSE, KAVILIYATTU SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.
3. JASSER, AGED 26 YEARS S/O JAMALUJDHEEN, A.B.HOUSE, KAVILIYATTU SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.
BY ADV. SRI.S.VISHNU (TRIPUNITHURA) RESPONDENTS/COMPLAINANT:
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1. FADHIYA ABDUL KHADER, AGED 33 YEARS W/O ABDUL KHADER, A.B.HOUSE, KAVILIYATTU SOUTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.
2. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE CHANDERA POLICE STATION (CRIME NO.863/2012) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 BY ADV. SRI.N.K.MANOJ KUMAR R2 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7462 of 2015 () APPENDIX PETITIONERS' EXHIBITS ----------------------------------- ANNEXURE I: A CERTIFIED COPY OF THE FINAL REPORT ASC.C.726/13 PENDING ON THE FILE OF JFCM-I COURT, HOSDURG.
ANNEXURE II: AFFIDAVIT SWORN BY R1 THE DEFACTO COMPLAINANT RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.7462 of 2015 --------------------------------------- Dated this the 26th day of November, 2015
O R D E R
The petitioners herein are the accused Nos.1,3 and 4 in C.C.No.716/2013 of the Judicial First Class Magistrate Court-I, Hosdurg. The 2nd respondent being a juvenile, the case against him was filed before the Juvenile Justice Board. It is submitted that the said case stands disposed of. The petitioners seeks 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 452, 323 and 506(i) read with 34 IPC, on the complaint of one Fadhiya, who is the 1st 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
Crl.M.C.No.7462 of 2015 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. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C.No.716/2013 of the Judicial First Class Magistrate Court-I, Hosdurg, 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, JUDGE sd // True Copy // P.A. To Judge