Kerala High Court
Rajan vs State Of Kerala on 24 December, 2015
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY,THE 1ST DAY OF MARCH 2016/11TH PHALGUNA, 1937
Crl.MC.No. 1239 of 2016 ()
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CRIME NO. 909/2015 OF POZHIYOOR POLICE STATION,
THIRUVANANDAPURAM DISTRICT
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PETITIONERS/ACCUSED 1 & 2 :
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1. RAJAN, AGED 27 YEARS,
S/O. MANIYAN, VETTUKADU, VIRALI,
KULATHOOR, POZHIYOOR,
THIRUVANANTHAPURAM DISTRICT.
2. LISSY,AGED 50 YEARS,
W/O.MANIYAN, VETTUKADU, VIRALI,
KULATHOOR, POZHIYOOR,
THIRUVANANTHAPURAM DISTRICT.
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. RAJESWARI, AGED 23 YEARS,
D/O. INDIRA, KALLINGAVILA VEEDU, PAZHAYA UCHAKADA,
UCHAKADA.P.O., NEYYATTINKARA-695121.
R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.
R2 BY ADV. SRI.SHAJIN S.HAMEED
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 01-03-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
Crl.MC.No. 1239 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE-A: TRUE COPY OF THE FIR IN CRIME NO.909/2015 DATED
24.12.2015 OF POZHIYOOR POLICE STATION.
ANNEXURE-B: NOTARISED AFFIDAVIT SWORN AND SIGNED BY THE DEFACTO
COMPLAINANT BEFORE THE NOTARY PUBLIC DATED
27.2.2016.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
P. UBAID, J.
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Crl.M.C. No. 1239 of 2016
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Dated this the 1st day of March, 2016
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.909/2015 of Pozhiyoor Police Station, registered under Sections 323, 325, 341, 498A and 34 of the Indian Penal Code on the complaint of one Rajeswari. 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 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 Crl.M.C. No. 1239 of 2016 ..2..
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 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. The victim's affidavit shows that whole matrimonial dispute stands resolved for ever, and she has joined her husband in matrimony in terms of the settlement. In such a situation, it is appropriate that the prosecution be quashed.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.909/2015 of Pozhiyoor Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/-
P. UBAID JUDGE bka/-