The High Court allowed a petition for quashing prosecution under Section 482 CrPC based on a genuine amicable settlement between the accused and the complainant regarding offences under sections 294, 323, 354 IPC.
The prosecution in C.C No.369/2011 is quashed; petitioners 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
FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937
Crl.MC.No. 6236 of 2015 ()
AGAINST CC 369/2011 of J.M.F.C.-II,NEYYATTINKARA CRIME NO. 39/2011 OF POOVAR POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S):
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENT(S)/COMPLAINANT & STATE:
R1 BY ADV. SRI.ANIL K.MOHAMMED R2 BY PUBLIC PROSECUTOR SRI.JUSTINE JACOB
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 1809-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6236 of 2015
APPENDIX
PETITIONERS EXHIBITS:
ANNEXURE A: CERTIFIED COPY OF FINAL REPORT IN CRIME NO.39/2011 OF POOVAR POLICE STATION
ANNEXURE B: NOTARISED AFFIDAVIT SWORN BY THE 1ST RESPONDENT
RESPONDENTS EXHIBITS:
/TRUE COPY/
P.A TO JUDGE
P.UBAID, J. --------------------------------------Crl.M.C No.6236 of 2015 ---------------------------------------
Dated this the 18th day of September, 2015
O R D E R
The petitioners herein are the three accused in C.C No.369/2011 of the Judicial First Class Magistrate Court II, Neyyattinkara. 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 451, 294(b), 323 and 354 r/w 34 of the Indian Penal Code on the complaint of one Ali Fathima, who is the first 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. The case against the juvenile accused, now pending before the Juvenile Justice Board, also stands settled and quashed.
Crl.M.C No.6236 of 2015 2
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.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.369/2011 of the Judicial First Class Magistrate Court II, Neyyattinkara 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.
P.UBAID JUDGE
ab
2 issues framed by the court
Whether the High Court can quash the prosecution under Section 482 CrPC on grounds of amicable settlement in cases involving non-compoundable offences.
Whether genuine settlement between parties justifies quashing the prosecution despite the offences being non-compoundable.
2 provisions across 2 enactments
MUHAMMED ASSARUDEEN AGED 23 YEARS
MUHAMMED SAJOOR AGED 29 YEARS
THAHIKHALFAN AGED 24 YEARS
ALI FATHIMA
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
