Rasi M v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 Crl.MC.No. 7596 of 2015 -------------------------------------- CRIME NO. 918/2015 OF KADAKKAL POLICE STATION, KOLLAM ................................................. PETITIONER/ACCUSED:
------------------------------------------ RASI M, AGED 32 YEARS S/O.MUHAMMED BASHEER, PACHAYIL VEEDU, MANCODU MANCODU P.O., MANCODU VILLAGE, KOTTARAKKARA TALUK KOLLAM.
BY ADV. SRI.B.DIPU SACH DEV RESPONDENTS/DEFACTO COMPLAINANT/STATE:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROECUTOR HIGH COURT OF KERALA ERNAKULAM, KOCHI 31.
2. ANEESHYA, AGED 28 YEARS W/O.SAJI, VENKODE PUTHEN VEEDU, MULLIKKADU CHITHARA VILLAGE, CHITHARA P.O., KOTTARAKKARA KOLLAM, PIN: 691 001.
R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
R2 BY ADV. SRI.ARUN BABU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7596 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1:
CERTIFIED COPY OF FIR IN CRIME NO. 918/2015 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT ANNEXURE A2:
ORIGINAL AFFIDAVIT OF 2ND RESPONDENT RESPONDENT'S ANNEXURES:-NIL /TRUE COPY/ P.A. TO JUDGE
P. UBAID, J.
--------------------------------------- Crl.M.C. No.7596 of 2015 --------------------------------------- Dated this the 3rd day of December, 2015
O R D E R
The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No. 918/2015 of Kadakkal Police Station, registered under Section 354A(i)(ii) of IPC on the complaint of one Aneeshya. 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 Aneeshya 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.
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 stage; if the parties have really settled the whole dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such
Crl.M.C. No.7596 of 2015 a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No. 918/2015 of Kadakkal Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P. UBAID, JUDGE