Allowed

Madhu K.M. v. State of Kerala

Kerala HC17 Sept 2015Crl.MC/6223/2015

Case brief

AI extract

What is this about?

The High Court quashed the F.I.R and further proceedings in a criminal case involving non-compoundable offences, finding that an amicable settlement had been reached and continued prosecution would serve no purpose but waste judicial time.

What did the court decide?

The F.I.R and further proceedings in Crime No.1054/2015 of the Palarivattom Police Station stand quashed under Section 482 CrPC.

Madhu K.M. Vs State of Kerala — Quashing and FIR | 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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THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937

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Crl.MC.No. 6223 of 2015 ()

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CRIME NO. 1054/2015 OF PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT =================

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PETITIONER/ACCUSED:

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MADHU K.M., S/O.MADHAVAN, AGED 35 YEARS KIZHAKKEDATH HOUSE, CHERAI P.O. PALLIPPURAM VILLAGE, PIN-683514

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BY ADV. SRI.T.K.AJITHKUMAR (VALATH)

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RESPONDENT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC

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PROSECUTOR, HIGH COURT OF KERALA – 682031

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2. JINCY MATHEW, D/O. MATHAI, AGED 35 YEARS

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PERVAKKUNNEL HOUSE, KADAKKANADU

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MAZHUVANOOR VILLAGE, KUNNATHUNADU TALUK - 686669

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R2 BY ADV. SRI.BIJU.V.JOHN

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R1 BY PUBLIC PROSECUTOR SMT. SHEEBA M.T.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.6223/2015

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNEXURE 1 CERTIFIED COPY OF THE FIR DATED 8.9.15 IN CRIME NO. 1054/2015 OF PALARIVATTOM POLICE STATION

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ANNEXURE 2 CERTIFIED COPY OF FI STATEMENT OF THE DE FACTO COMPLAINANT DATED 8/9/15 IN CRIME NO.1054/15

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ANNEXURE 3 COMPROMISE DATED 11.9.15

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RESPONDENTS' EXHIBITS

NIL

TRUE COPY

P.A. TO JUDGE

P. UBAID, J.

Crl.M.C.No.6223 of 2015

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Dated this the 17^th day of September, 2015

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The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.1054/2015 of the Palarivattom Police Station, registered under Sections 354, 406, 506(ii) and 294(b) IPC, on the complaint of one Jincy Mathew. 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 Jincy Mathew is the 2^nd 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.

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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; be it 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

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Crl.M.C.No.6223 of 2015

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serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.

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In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.1054/2015 of the Palarivattom Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.

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Sd/-

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P. UBAID, JUDGE

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Madhu K.M. v. State of Kerala

Case brief

What is this about?

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Madhu K.M. v. State of Kerala

Case brief

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