Allowed

Alavi v. Ayisha

Kerala HC1 Dec 2015Crl.MC/7522/2015

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C. The court quashed the prosecution against the accused following a verified affidavit of amicable settlement regarding the matrimonial dispute. The court held the settlement was genuine and necessary to continue the trial.

What did the court decide?

Prosecution against the petitioner in C.C No.170/2015 quashed under Section 482 Cr.P.C. Petitioner released from prosecution and bail bond discharged.

Alavi Vs Ayisha — Matrimonial and Divorce | 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 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA,

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1937

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Crl.MC.No. 7522 of 2015

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IN CC 170/2015 of JUDL.MAG.OF FIRST CLASS-I,MANJERI CRIME NO. 411/2014 OF KALIKAVU POLICE STATION, MALAPPURAM

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PETITIONER/ACCUSED :

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ALAVI, THULLISSERY VEEDU, KARAD, VELLAMPURAM P.O, AMARAMBALAM, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.M.MOHAMED ABDURAHIMAN

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RESPONDENTS/COMPLAINANT & STATE :

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1. AYISHA, VALLIKKAPPARAMBIL HOUSE, D/O. MOHAMMED, KALIKAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT

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PIN - 676 525.

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2. SUB INSPECTOR OF POLICE, KALIKAVU POLICE STATION, MALAPPURAM DISTRICT. PIN - 676 525

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3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

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R1 BY ADV. SRI.C.T.BASHEER

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R2 & R3 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 7522 of 2015

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A : COPY OF CHARGE SHEET DTD.29.12.2014 IN CRIME NO.411/2014 OF KALIKAVU POLICE STATION, MALAPPURAM DISTRICT.

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ANNEXURE B : COPY OF FIR DTD.19.11.2014 IN CRIME NO.411/2014 OF KALIKAVU POLICE STATION, MALAPPURAM DISTRICT.

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ANNEXURE C : AFFIDAVIT DTD.10.10.2015 OF DEFACTO COMPLAINANT/RESPONDENT NO.1 STATING THE WHOLE MATTER OF SETTLEMENT.

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RESPONDENTS' ANNEXURES:

NIL

//TRUE COPY//

P.A TO JUDGE

P.UBAID, J.

--------------------------------------Crl.M.C No. 7522 of 2015

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---------------------------------------

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Dated this the 1^st day of December, 2015

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O R D E R

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The petitioner herein is the accused in C.C No.170/2015 of the Judicial First Class Magistrate Court I, Manjeri. 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 406 and 498(A) r/w 34 of the Indian Penal Code on the complaint of one Ayisha 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.

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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 proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of the further prosecution will not serve any purpose in such a circumstance of amicable

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Crl.M.C No. 7522 of 2015 2

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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. The victim's affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted that the parties have parted ways in terms of the settlement, and the claims of the victim also stand settled. In such a situation, it is appropriate that the prosecution be quashed.

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In the result, this petition is allowed. The prosecution against the petitioner herein in C.C No.170/2015 of the Judicial First Class Magistrate Court I, Manjeri 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.

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Sd/P.UBAID JUDGE

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Alavi v. Ayisha

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Alavi v. Ayisha

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