Rafeeque v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 Crl.MC.No. 7974 of 2015 () --------------------------- CC 1095/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM CRIME NO. 421/2015 OF KUTTIYADI POLICE STATION, KOZHIKODE DISTRICT =================== PETITIONERS/ACCUSED 1 TO 3:
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1. RAFEEQUE, AGED 33 YEARS S/O.KUNHALI, RESIDING AT PAIKATTU HOUSE, VELAM P.O. SANTHI NAGAR, KOZHIKODE DISTRICT.
2. AYISHA, AGED 68 YEARS W/O.KUNHALI, RESIDING AT PAIKATTU HOUSE, VELAM P.O. SHANTHI NAGAR, VADAKARA TALUK, KOZHIKODE DISTRICT.
3. SUBAIDA, AGED 34 YEARS W/O.ABDUL AZEEZ, RESIDING AT PAIKATT HOUSE, VELAM P.O. SHANTHI NAGAR, KOZHIKODE DISTRICT.
BY ADV. SRI.T.MADHU RESPONDENTS/STATE:
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1. THE STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER KUTTIYADI POLICE STATION, KOZHIKODE DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2. MUJEERA, AGED 24 YEARS D/O.AHAMAD, RESIDING AT PAIKATT HOUSE, VELAM SHANTHI NAGAR, NOW RESIDING AT PONMENI AMSOM PARAMBIL DESOM, VILLIAPPILLY, VADAKARA TALUK KOZHIKODE DISTRICT-673012.
R2 BY ADV. SMT.G.SANGEETHA R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7974 of 2015 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------ ANNEXURE-A1. THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.421/2015 OF KUTTIYADI POLICE STATION, KOZHIKODE DISTRICT. ANNEXURE-A2. THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.421/2015 OF KUTTIYADI POLICE STATION KOZHIKODE DISTRICT. ANNEXURE-A3. THE TRUE COPY OF THE AGREEMENT DATED 19/10/2015 ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE 2ND RESPONDENT ANNEXURE-A4. THE AFFIDAVIT DATED 18/12/2015 SWORN IN BY THE 2ND RESPONDENT ANNEXURE-A5. THE TRUE CERTIFIED COPY OF THE ORDER DATED 19/10/2015 IN MC NO.168/2015 ON THE FILE OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM.
RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A.TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.7974 of 2015 --------------------------------------- Dated this the 22nd day of December, 2015
O R D E R
The petitioners herein are the three accused in C.C.No.1095/2015 of the Judicial First Class Magistrate Court, Nadapuram. 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 Section 498-A IPC, on the complaint of one Mujeera, 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 that the marriage stands dissolved by pronouncement of Thalaq, and that the victim has received all her dues from the 1st petitioner, as a divorced Muslim woman. 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. 7974/2015 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.1095/2015 of the Judicial First Class Magistrate Court, Nadapuram 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.