Allowed

Majeed v. State of Kerala

Kerala HC14 Dec 2015Crl.MC/7781/2015

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court quashed the pending prosecution against the petitioner for Section 498A IPC. The court held that upon proof of amicable settlement between parties and acquittal of co-accused, continuance of prosecution served no purpose.

What did the court decide?

Prosecution against the petitioner in C.C No.1544/2013 is quashed under Section 482 CrPC; petitioner is released and bail bond discharged.

Majeed Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937

¶5

Crl.MC.No. 7781 of 2015

¶6

IN CC 912/1999 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD

¶7

CRIME NO. 194/1999 OF CHAVAKKAD POLICE STATION, TRISSUR

¶8

PETITIONER/ACCUSED:

¶9

MAJEED, AGED 44 YEARS, S/O. MOIDEEN, PULIKKAPARAMBIL THEKUNCHERY, MANATHALA VILLAGE.

¶10

BY ADV. SRI.RAJIT

¶11

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

¶12

1. STATE OF KERALA REP. BY PUBLIC PROSEUCTOR, HIGH COURT OF KREALA ERNAKULAM.

¶13

2. BUSHARA, AGED 38 YEARS, D/O. NOORUDHEEN, KUNNATH HOUSE, THOTTAP DESOM, KDAPPURAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.

¶14

R2 BY ADV. SRI.V.V.JOY

¶15

R1 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T

¶16

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

Crl.MC.No. 7781 of 2015

¶18

APPENDIX

¶19

PETITIONER'S ANNEXURES:

¶20

A - COPY OF THE FINAL REPORT IN CC 1544/2013 BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD ARISISNG FROM CRIME NO. 194/1999 OF THE CHAVAKKAD POLICE STATION, THRISSUR DISTRICT.

¶21

B - COPY OF THE JUDGMENT IN CC NO. 912/1999 BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTARATE COURT, CHAVAKKAD.

¶22

C - COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.

¶23

RESPONDENTS' ANNEXURES:

NIL

//TRUE COPY//

P.A TO JUDGE

P.UBAID, J. --------------------------------------Crl.M.C No.7781 of 2015 ---------------------------------------

¶29

Dated this the 14^th day of December, 2015

¶30

O R D E R

¶31

The petitioner herein is the original first accused in C.C No.912/1999 of the Judicial First Class Magistrate Court, Chavakkad, involving the offence punishable under Section 498 (A) of the Indian Penal Code. The other three accused faced trial before the learned Magistrate and obtained a judgment of acquittal on 22.6.2004. The case against the petitioner herein was split up and refiled when he consistently remained absent during trial. It is now pending as C.C No.1544/2013. He now seeks orders quashing the prosecution as against him on the ground that the very substratum of the prosecution case is totally lost by the acquittal of the others, and also on the ground of amicable settlement between him and the defacto complainant (victim). Annexure B judgment in C.C No.912/1999 shows that the learned Magistrate acquitted the other accused in the absence of any material or evidence, proving the ingredients of Section 498A of the Indian Penal Code. The victim's affidavit filed in this case shows that the whole matrimonial dispute

¶32

¶33

Crl.M.C No.7781 of 2015

¶34

stands settled and resolved forever. It is submitted that the marriage stands dissolved, and the claims of the victim stand satisfied appropriately.

¶35

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 prosecution will not serve any purpose. The parties have come to terms amicably and the whole disputes stands resolved forever. In such a situation, it is appropriate that the prosecution be quashed.

¶36

In the result, this petition is allowed. The prosecution against the petitioner herein in C.C No.1544/2013 of the Judicial First Class Magistrate Court, Chavakkad 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.

Sd/P.UBAID JUDGE

//True Copy//

P.A to Judge

Majeed v. State of Kerala

Case brief

What is this about?

What did the court decide?

Majeed v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abdul Jaleel Vs Rahmath

Vinodkumar Vs State of Kerala

Najeeb Vs State of Kerala

Haridas @ Narayanankutty Vs State of Kerala

Suresh Kumar Vs the Regional Passport Officer

Ajitha Vs Beena