Beefathima v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Crl.MC.No. 7672 of 2015 () --------------------------- IN CC 586/2013 of CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD CRIME NO. 314/2013 OF KUMBLA POLICE STATION , KASARGOD PETITIONER(S)/ACCUSED:
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BEEFATHIMA, AGED 56 YEARS W/O G.U.ADAM, R/AT ADAM MAHAL NEAR PAI COMPOUND, KOYIPADY VILLAGE KASARAGOD DISTRICT 2.
RAZACK, AGED 28 YEARS, S/O G.U.ADAM R/AT ADAM MAHAL NEAR PAI COMPOUND, KOYIPADY VILLAGE KASARAGOD DISTRICT 3.
LATHEEF, AGED 33 YEARS, S/O MOOSA R/AT YASAR MAHAL, ULINOOR KOYIPADY VILLAGE, KASARAGOD DISTRICT 4.
RAIHANA, AGED 22 YEARS W/O OF RAZACK, R/AT ADAM MAHAL, NEAR PAI COMPOUND KOYIPADY VILLAGE, KASARAGOD DISTRIT BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA THROUGH THE STATION HOUSE OFFICER KUMBLA POLICE STATION, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2.
HASEENA MOHAMMED NAZEER AGED 25 YEARS, W/O MOHAMMED NAZEER, R/AT BANGARAKUNNU HOUSE, NELLIKUNNU, KASARAGOD DISTRICT R2 BY ADV. SMT.C.B.SUMA DEVI R1 BY SRI JUSTIN JACOB, PUBLIC PROSECUTOR HIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.7672/2015 APPENDIX PETITIONERS' ANNEXURE:
ANNEXURE I :
COPY OF THE COMPLAINT DATED 04.05.2013 BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD ANNEXURE II :
COPY OF THE AFFIDAVIT DATED 19.10.2015 BY THE 2ND RESPONDENT ANNEXURE III :
COPY OF THE FINAL REPORT IN CR.NO.314/2013 OF KUMBLA POLICE STATION DATED 31.07.2013.
RESPONDENTS' ANNEXURE: N I L //TRUE COPY// P.A. TO JUDGE JV
P. UBAID, J.
--------------------------------------- Crl.M.C.No.7672 of 2015 --------------------------------------- Dated this the 8th day of December, 2015
O R D E R
The petitioners herein are the accused in C.C.No.586/2013 of the Chief Judicial Magistrate Court, Kasaragod. 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 Sections 403, 406, 420 and 498A IPC, on the complaint of one Haseena Mohammed Nazeer, 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. Her affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted from both sides that the victim has joined her husband in matrimony in terms of the settlement arrived at out of court, and that they are now very happy in matrimony. In such a situation, it is appropriate that the prosecution be quashed.
2. In so many decisions, the Hon'ble Supreme Court has
Crl.M.C.. No. 7672/2015 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 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.586/2013 of the Chief Judicial Magistrate Court, Kasaragod 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.