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Judgments of Supreme Court of India and High Courts

Zubair.P.V vs Mrs.Jesni Hashim on 12 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.UBAID

FRIDAY, THE 12TH DAY OF APRIL 2019 / 22ND CHAITHRA, 1941

Crl.MC.No. 1336 of 2019

AGAINST CC 310/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KANNUR

CRIME NO. 1339/2016 OF Kannur Town , Kannur

PETITIONERS/ACCUSED NOS.1,2 AND 3:

1 ZUBAIR.P.V.,
AGED 42 YEARS
EHEZE, KANNOTHUMCHAL ROAD, THANA P.O.,
KANNUR-670012.

2 SALAHUDEEN P.V.,
SEENAS, ARCHANA ROAD, THANA P.O.,
KANNUR-670006.

3 ZUBAIDA P.V.,
AGED 1 YEARS
ZUBHAI, NEAR FIROUDUS MASJID, CHOVVA P.O.,
KANNUR-670006.

BY ADV. SRI.P.R.JAYASANKAR

RESPONDENTS/DE FACTO COMPLAINANT RESPONDENTS:

1 MRS.JESNI HASHIM
AGED 38 YEARS
D/O.K.K.HASHIM, JOO HOUSE, KANNAKKARA ROAD,
THANA P.O., KANNUR-670012.

2 STATE OF KERALA ,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682031.

BY ADV. SRI.JOSE ANTONY

SRI SANTHOSH PETER-PP

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1336 of 2019

2

ORDER

The petitioners herein are the accused

Nos.1, 2 and 3 in C.C No.310/2017 of the

Judicial First Class Magistrate Court-II,

Kannur. 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 Sections 498A and 494

read with Section 34 I.P.C on the complaint of

one Jesni Hashim who is the 1st 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. It is

submitted that the marriage stands dissolved

and the entire matrimonial dispute stands

resolved forever.

Crl.MC.No. 1336 of 2019

3

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

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, 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.
Crl.MC.No. 1336 of 2019

4

In the result, this petition is allowed.

The prosecution against the petitioners herein

in C.C 310/2017 of the Judicial First Class

Magistrate’s Court-II, Kannur 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
ma /True copy/ P.S to JUDGE
Judge
Crl.MC.No. 1336 of 2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF THE FIR AND FIS IN

CRIME NO. 1339/2017 OF PATHANAMTHITTA
POLICE STATION.

ANNEXURE-A2 CERTIFIED COPY OF FINAL REPORT DATED
3/1/2017 IN CC 310/2017

/True copy/ P.S to Judge

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