Chandrababu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 Crl.MC.No. 8050 of 2015 () --------------------------- CRIME NO. 851/2015 OF POTHENCODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT ============== PETITIONER/ACCUSED 1 & 2:
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1. CHANDRA BABU K., S/O. KRISHNANKUTTY PANTHADIVILA VEEDU, VAVARAMBALAM POTHENCODE P.O., THIRUVANANTHAPURAM
2. KRISHNANKUTTY, S/O. KOCHAPPI PANTHADIVILA VEEDU, VAVARAMBALAM POTHENCODE P.O., THIRUVANTHAPURAM BY ADV. SRI.G.SUDHEER RESPONDENTS/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031
2. ANEESHA RAJ P., D/O. DEVARAJAN, AGED 30 YEARS KRISHNAKRIPA, TC 36/60(3), MANAVA NAGAR HOUSE NO.75, PETTAH P.O.
THIRUVANANTHAPURAM - 695001 R2 BY ADV. SMT.K.SUJA KUMARI R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.8050/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A ATTESTED COPY OF THE FIR AND FIS IN CRIME NO.851/2015 OF POTHENCODE POLICE STATION DATED 17.09.2015 ANNEXURE B ATTESTED COPY OF AFFIDAVIT SWORN BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A.TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.8050 of 2015 --------------------------------------- Dated this the 23rd day of December, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.851/2015 of the Judicial First Class Magistrate Court-I, Attingal, registered under Section 498-A IPC, on the complaint of one Aneesha Raj. 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 Aneesha Raj 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
Crl.M.C.. No. 8050/2015 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.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.851/2015 of the Judicial First Class Magistrate Court-I, Attingal will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P. UBAID, JUDGE sd // True Copy // P.A. to Judge