High Court allowed petition to quash prosecution under CrPC Section 482. Court found genuine amicable settlement between accused and victim, resolving all disputes, making trial futile.
Prosecution quashed under Section 482 CrPC; petitioner released from prosecution; bail bond discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937
Crl.MC.No. 5901 of 2015
C.C.NO.350/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR
CRIME NO. 410/2014 OF POTHUKALLU POLICE STATION , MALAPPURAM
PETITIONER/ACCUSED :-
RIYAS BABU, AGED 40 YEARS, S/O. MOHAMMED, PALAKKAPARAMBAN HOUSE, PATHIRIPPADAM, UPPADA, CHUNGATHARA, NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT :-
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. ( IN CRIME NO.410/2014 OF POTHUKALLU POLICE STATION IN MALAPPURAM DISTRICT).
2. SULFATH, AGED 30 YEARS, W/O.YUSUF, KALATHINGAL HOUSE, UPPADA – 679 354, CHUNGATHARA, NILAMBUR TALUK, MALAPPURAM DISTRICT.
R1 BY SMT. REMA R., PUBLIC PROSECUTOR R2 BY ADV. SRI.K.C.ANTONY MATHEW
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 5901 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES :-
ANNEXURE A1 : CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.410/2014 OF POTHUKALLU POLICE STATION.
ANNEXURE A2 : THE AFFIDAVIT DATED 30.07.2015 SWORN IN BY THE 2ND RESPONDENT.
RESPONDENT(S)' ANNEXURES :- NIL --------------------------------------------
//TRUE COPY//
P.A. TO JUDGE
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P.UBAID, J.
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Crl.M.C.No.5901 of 2015
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Dated this the 1st day of September, 2015
ORDER
The petitioner herein is the accused in C.C.No.350 of 2015 of the Judicial First Class Magistrate Court, Nilambur. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 448, 323, 294(b) and 354 of the Indian Penal Code on the complaint of one Sulfath, who 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 now.
Crl.M.C.No.5901 of 2015
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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 petitioner herein in C.C.No.350 of 2015 of the Judicial First Class Magistrate Court, Nilambur will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
//TRUE COPY//
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P.A. TO JUDGE
2 issues framed by the court
Whether the prosecution in a non-compoundable offence can be quashed on the ground of amicable settlement of the whole dispute.
Whether the continuance of the trial serves any purpose after the parties have settled amicably.
1 provisions across 1 enactments
RIYAS BABU
STATE OF KERALA
SULFATH
P. UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
