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
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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
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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
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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
