Nishad v. Smeraand
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 AGAINST THE JUDGMENT IN RP 177/2015 of HIGH COURT OF KERALA DATED 30-09IN CMP 1642/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA CRIME NO. 3717/2010 OF ALUVA EAST POLICE STATION , ERNAKULAM PETITIONER(S):
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1. NISHAD AGED 44 YEARS S/O.ABU, KUTTIMAKKAL HOUSE, D.NO.B.W.NO.XVII BUILDING NO.731, GROUND FLOOR, FEDERAL APARTMENTS COMPANYPPADI, ALUVA REPRESENTED BY HIS BROTHER AND POWER OF ATTORNEY HOLDER NADISRHA, S/O ABU, AGED 48 YEARS, KUTTIMAKKAL HOUSE D.NO.B.W.NO.XVII, BUILDING NO.731, GROUND FLOOR FEDERAL APARTMENTS, COMPANYPPADI, ALUVA ERNAKULAM DISTRICT.
2. ABU AGED 68 YEARS S/O.ABDUL RAHIMAN, KUTTIMAKKAL HOUSE, D.NO.B.W.NO.XVII BUILDING NO.731, GROUND FLOOR, FEDERAL APARTMENTS COMPANYPPADI, ALUVA, ERNAKULAM DISTRICT.
3. SULEKHA AGED 62 YEARS W/O.ABU, S/O.ABDUL RAHIMAN, KUTTIMAKKAL HOUSE D.NO.B.W.NO.XVII, BUILDING NO.731, GROUND FLOOR FEDERAL APARTMENTS, COMPANYPPADI, ALUVA ERNAKULAM DISTRICT.
4. ZEENATH NADISRHA AGED 34 YEARS W/O.NADISRHA, NADUVILAPARAMBIL HOUSE, U C COLLEGE P.O. ALUVA, ERNAKULAM DISTRICT.
BY ADV. SRI.SHIJU VARGHESE RESPONDENT(S):
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1. SMERA, AGED 30 YEARS W/O.NISHAD, KUTTIMAKKAL HOUSE, GROUND FLOOR, FEDERAL APARTMENTS COMPANYPPADI, ALUVA, ERNAKULAM DISTRICT.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.MANOJ B.MENON R2 BY SRI JUSTIN JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
APPENDIX PETITIONERS' EXHIBITS:
A1 :
COPY OF THE FIR IN CRIME NO.3717/2010 PENDING BEFORE THE HON'BLE J.F.C.M. COURT NO.I, ALUVA DATED 24.12.2010 A2 :
COPY OF THE JUDGMENT IN RP NO.177/2015 IN CRL.R.P.NO.2458/2013 WIH MEDIATION SETTLEMENT AGREEMENT DATED 30.09.2015 A3 :
AFFIDAVIT OF THE 1ST RESPONDENT DATED 12.11.2015. RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A. TO JUDGE JV
P.UBAID, J.
============================ Crl.M.C.No.7538 of 2015 ============================ Dated this the 1st day of December, 2015
ORDER
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.3717 of 2010 of the Aluva East Police Station, registered under Section 498A of the Indian Penal Code on the complaint of one Smera. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant is the 1st respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. Se has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint.
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; be it at the crime stage or at the trial stage or even at the appellate or revision
Crl.M.C.No.7538 of 2015 -:2:- stage; if the parties have really settled the whole dispute, or if continuance of the prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of the prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. 3.
The victim's affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted that the marriage stands dissolved by pronouncement of talaq, and that the victim has received all her dues under the law as a divorced muslim woman. In such a situation, it is appropriate that the pending prosecution be quashed.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.3717 of 2010 of the Aluva East Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE rkj //TRUE COPY// P.A. TO JUDGE