SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Anasudeen vs State Of Kerala on 19 February, 2019

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

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation