IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 19TH DAY OF FEBRUARY 2019/30TH MAGHA, 1940
Crl.MC.No.1157 of 2019
CC 2192/2017 of J.F.M.C., KATTAKADA
CRIME NO.520/2017 OF KATTAKADA POLICE STATION,
THIRUVANANTHAPURAM
———————
PETITIONERS/ACCUSED 1 2 :-
1 ANASUDEEN, AGED 33 YEARS, S/O.KHADER BAVA,
KUZHIVILA VEEDU, KALLODE, KUTTICHAL P.O.,
MANNOORKAVU VILLAGE, KATTAKADA TALUK,
THIRUVANANTHAPURAM DISTRICT.
2 RUKHIYA, AGED 56 YEARS, W/O.KHADER BAVA,
KUZHIVILA VEEDU, KALLODE, KUTTICHAL P.O.,
MANNOORKAVU VILLAGE, KATTAKADA TALUK,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.G.SUDHEER
RESPONDENTS/STATE DE FACTO COMPLAINANT :-
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 SAJEENA, AGED 24 YEARS, D/O.SHAMILA BEEVI,
SAJEENA MANZIL, PULVETTICHIRA, PALLIVETTA,
ARYANADU P.O., NEDUMANGADU TALUK,
THIRUVANANTHAPURAM DISTRICT.
R2 BY ADV. SRI.S.K.VINOD
R1 BY SRI.SANTHOSH PETER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1157/2019
-: 2 :-
O R D E R
The petitioners are the accused Nos.1 and 2 in
C.C.No.2192/2017 of the Judicial First Class
Magistrate Court, Kattakada. 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 498A IPC read with Section
34 IPC on the complaint of one Sajeena, who is the 2 nd
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. The affidavit of the
victim shows that the whole matrimonial dispute
stands resolved for ever, the parties have re-united
in matrimony, and they are very happy now.
2. In so many decisions, the Hon’ble Supreme
Court has held that even in cases involving non-
Crl.MC.No.1157/2019
-: 3 :-
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
settlement.
3. 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, and
I am satisfied that the parties are now on quite
cordial terms. 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.2192/2017 of the Judicial First Class
Crl.MC.No.1157/2019
-: 4 :-
Magistrate Court, Kattakada 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
Jvt/19.2.2019
Crl.MC.No.1157/2019
-: 5 :-
APPENDIX
PETITIONER’S ANNEXURES :-
ANNEXURE A TRUE COPY OF THE FIR FIS IN CRIME NO.
520/2017 OF KATTAKADA POLICE STATION,
10.4.2017.
ANNEXURE B ATTESTED COPY OF THE FINAL REPORT IN C.C. NO.
2192/2107 IN CRIME No.520/2017 OF KATTAKADA
POLICE SATION PENDING BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KATTAKADA.
ANNEXURE C ATTESTED COPY OF AFFIDAVIT SWORN BY THE 2ND
RESPONDENT SIGNED BEFORE THE NOTARY PUBLIC.
RESPONDENT’S ANNEXURES :- NIL
//TRUE COPY//
P.A. TO JUDGE
