Babu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 Crl.MC.No. 7852 of 2015 ------------------------- IN CC 1093/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -III, THRISSUR CRIME NO. 206/2015 OF OLLUR POLICE STATION, TRISSUR PETITIONER/ACCUSED:
------------------- BABU, AGED 44 YEARS, S/O.NARAYANAN, THEKOOT HOUSE, NADATHARA P.O, MINOR ROAD, NADATHARA VILLAGE, THRISSUR DISTRICT BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: ---------------------------------------------
1. STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE, OLLUR POLICE STATIONF REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2. SREEPRIYA, AGED 34 YEARS, D/O.RAJAN, CHERNATTIL HOUSE, MINOR ROAD DESOM, NADATHARA VILLAGE, THRISSUR TALUK 680005 R2 BY ADV. SRI.SEBY JOSEPH R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7852 of 2015 ----------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE A1:CERTIFIED COPY OF THE FIR IN CRIME NO.206/2015 OF OLLUR POLICE STATION ANNEXURE A2:CERTIFIED COPY OF FINAL REPORT DATED 17.03.2015 ANNEXUREA A3:AFFIDAVIT DATED 05.12.2015 OF 2ND RESPONDENT RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7852 of 2015 --------------------------------------- Dated this the 16th day of December, 2015
O R D E R
The petitioner herein is the accused in C.C No.1093/2015 of the Judicial First Class Magistrate Court III, Thrissur. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 323, 324 and 498A on the complaint of one Sreepriya who is the second 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 court, and continuance of the prosecution will not serve any purpose in such a circumstance of amicable
Crl.M.C No.7852 of 2015 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. 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 prosecution against the petitioner herein in C.C No.1093/2015 of the Judicial First Class Magistrate Court III, Thrissur will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged. Sd/- P.UBAID JUDGE //True Copy// ab P.A to Judge