Biju Thomas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 Crl.MC.No. 7788 of 2015 -------------------------- CRIME NO. 716/2014 OF PARIYARAM POLICE STATION, KANNUR PETITIONERS/ACCUSED NOS.1 TO 5:
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1. BIJU THOMAS, AGED 37 YEARS, S/O.AUGASTHI, MADASSERI HOUSE, THATTERI, CHUZHALI, KANNUR DISTRICT.
2. AKKAMMA AUGASTHI, AGED 69 YEARS, W/O.AUGASTHI, MADASSERI HOUSE, THATTERI, CHUZHALI, KANNUR DISTRICT.
3. BINESH, AGED 35 YEARS, S/O.AUGASTHI, MADASSERI HOUSE, THATTERI, CHUZHALI, KANNUR DISTRICT.
4. BINDU BINOY, W/O.BINOY, PERUMBADAVU P.O., KANNUR DISTRICT.
5. AUGASTHI, AGED 74 YEARS, MADASSERI HOUSE, THATTERI, CHUZHALI, KANNUR DISTRICT.
BY ADVS.SRI.TITUS MANI SRI.P.A.JACOB SRI.BINNY THOMAS SRI.C.M.GEORGE RESPONDENTS/DEFACTO COMPLAINANT/COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. VIJI.V, AGED 30 YEARS, D/O.BABU, CHERUTHAZHAM AMSOM DESOM, PILATHARA, KANNUR DISTRICT.
R2 BY ADV. SMT.P.SREESHA R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7788 of 2015 ----------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE-A1. A CERTIFIED COPY OF THE COMPLAINT DATED 29/9/2014 FILED BY THE 2ND RESPONDENT BEFORE THE SHO PARIYARAM MEDICAL COLLEGE POLICE STATION, PARIYARAM.
ANNEXURE-A2. A CERTIFIED COPY OF THE FIR DATED 29/9/2014 OF CRIM NO. 716/2014 PARIYARAM MEDICAL COLLEGE POLICE STATION, PARIYARAM.
ANNEXURE-A3.AN AFFIDAVIT IN ORIGINAL FILED BY THE 2ND RESPONDENT .
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7788 of 2015 --------------------------------------- Dated this the 14th day of December, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.716/2014 of the Pariyaram Medical College Police Station, Pariyaram, registered under Section 498(A) of the Indian Penal Code on the complaint of one Viji. 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 Viji 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 revisional stage; if the parties have really settled the whole dispute, or if continuance of the prosecution will not serve any
Crl.M.C No.7788 of 2015 purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of 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. The victim's affidavit shows that the whole matrimonial dispute stands resolved forever, and that she has joined her husband in matrimony. In such a situation, it is appropriate that the prosecution be quashed.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.716/2014 of the Pariyaram Medical College Police Station, Pariyaram will stand quashed under Section 482 of the Code of Criminal Procedure. Sd/- P.UBAID JUDGE //True Copy// P.A to Judge ab