Allowed

Jaffer Mandyan v. the State of Kerala

Kerala HC8 Sept 2015Crl.MC/6006/2015

Case brief

AI extract

What is this about?

This criminal miscellaneous petition sought quashing of proceedings on grounds of amicable settlement. The Court quashed the prosecution against five accused in a criminal case involving matrimonial disputes under Sections 498A, 324, and 341 IPC, allowing the petitioners

What did the court decide?

Petition allowed; Prosecution in C.C No. 2490/2014 quashed; Petitioners released; Bail bond discharged.

Jaffer Mandyan Vs the State of Kerala — Writ and Judicial Review | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937

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Crl.MC.No. 6006 of 2015

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IN CC 2490/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDRUG CRIME NO. 145/2013 OF CHANDERA POLICE STATION , KASARGOD

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PETITIONERS/ACCUSED:

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1. JAFFER MANDYAN, AGED 35 YEARS, S/O.ALEEMA, RESIDING AT KANHIRAYIL HOUSE, ATHINJAL, MANIKOTH P.O., AJANUR VILLAGE, KASARAGOD DISTRICT.

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2. HALEEMA MANDYAN, AGED 52 YEARS, M/O.JAFFER MANDYAN, RESIDING AT KANHIRAYIL HOUSE, ATHINJAL, MANIKOTH P.O., AJANUR VILLAGE, KASARAGOD DISTRICT.

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3. MUNEERA, AGED 41 YEARS, W/O.C.K.ABDUL RAHMAN, RSIDING AT KANHIRAYIL HOUSE, ATHINJAL, MANIKOTH P.O., AJANUR VILLAGE, KASARAGOD DISTRICT.

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4. DAINABI, AGED 47 YEARS, W/O.HASSAINAR MANDYAN,

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RESIDING AT KANHIRAYIL HOUSE, ATHINJAL, MANIKOTH P.O., AJANUR VILLAGE, KASARAGOD DISTRICT.

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5. SATHAR.K, AGED 40 YEARS, S/O.MAMMU KANHIRAYIL, RESIDING AT KANHIRAYIL HOUSE, ATHINJAL, MANIKOTH P.O., AJANUR VILLAGE, KASARAGOD DISTRICT.

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BY ADVS.SRI.T.K.VIPINDAS

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SRI.K.V.SREE VINAYAKAN SRI.K.M.HASHIR

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SRI.K.M.MUHAMMED HUSSAIN

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....2

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Crl.MC.No. 6006 of 2015 : 2 :

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. CHANDERA POLICE STATION, 671322.

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2. NUZRATH.A.K., AGED 32 YEARS, D/O.AMINA, AMINAS, OPPOSITE TELEPHONE EXCHANGE, CHERUVATHUR, P.O.CHERUVATHUR, HOSDURG TALUK, KASARAGOD DISTRICT, 671121.

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R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB R2 BY ADV. SRI.A.L.GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 6006 of 2015

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE-A1: COPY OF THE FINAL REPORT IN CRIME NO.145/2013 OF CHANDERA POLICE STATION.

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ANNEXURE-A2: THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 25.8.2015.

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RESPONDENTS' ANNEXURES:

NIL

//TRUE COPY//

P.A TO JUDGE

P.UBAID, J. --------------------------------------Crl.M.C No.6006 of 2015 ---------------------------------------

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Dated this the 8^th day of September, 2015

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O R D E R

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The petitioners herein are the five accused in C.C No.2490/2014 of the Judicial First Class Magistrate Court I, Hosdurg. 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 498(A), 324 and 341 r/w 34 of the Indian Penal Code on the complaint of one Nuzrath who is the second respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim's affidavit shows that the marriage stands dissolved, and that the whole matrimonial dispute stands resolved forever. As regards maintenance to the child also the parties have come to terms. In such a situation, it is appropriate that the prosecution be quashed.

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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

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Crl.M.C No.6006 of 2015 2

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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. 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.

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In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.2490/2014 of the Judicial First Class Magistrate Court I, Hosdurg 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.

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P.UBAID JUDGE

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Jaffer Mandyan v. the State of Kerala

Case brief

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Jaffer Mandyan v. the State of Kerala

Case brief

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