Allowed

Abdul Azeez v. State of Kerala

Kerala HC11 Jan 2016Crl.MC/156/2016

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC, the petitioner accused in a matrimonial case sought quashing of prosecution based on an affidavit from the victim stating the dispute was settled and the parties were now living happily married life.

What did the court decide?

Prosecution in C.C No.2478 of 2013 quashed under Section 482 CrPC; petition allowed and petitioner released from prosecution.

Abdul Azeez Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2016)

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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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MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937

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Crl.MC.No. 156 of 2016 ()

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AGAINST THE JUDGMENT IN CC 2478/2013 of J.M.F.C-I.,KASARAGOD CRIME NO. 455/2012 OF BEDAKOM POLICE STATION , KASARGOD

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PETITIONER(S)/1ST ACCUSED:

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ABDUL AZEEZ AGED 33 YEARS

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S/O.MUHAMMED KUNHI, RESIDING AT FATHIMA MANZIL SHAKTHI ROAD, PADNAKAD, KASARAGOD DISTRICT.

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BY ADV. SRI.T.MADHU

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RESPONDENT(S)/STATE:

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STATE OF KERALA THROUGH THE STATION HOUSE OFFICER BEDAKAM POLICE STATION, KASARAGOD DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM, 682031.

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SIJINA.A, AGED 24 YEARS D/O.ABOOBACKER, RESIDING AT FATHIMA MANZIL, PADAPPU KARIVEDAKAM VILLAGE

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NOW RESIDING AT OPP IDEAL ENGLISH MEDIUM SCHOOL PADNEKAT P.O., KANHANGAD, KASARGOD DISTRICT 671123.

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R2 BY ADV. SMT.G.SANGEETHA

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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 11-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 156 of 2016 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE-A1: TRUE COPY OF THE FIR IN CRIME NO.455/2012 OF BEDAKAM POLICE STATION. ANNEXURE-A2: TRUE COPY OF THE FINAL REPORT IN CRIME NO.455/2012 OF BEDAKAM POLICE STATION. ANNEXURE-A3: THE AFFIDAVIT DATED 5.1.2016 SWORN IN BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

/TRUE COPY/

P.S TO JUDGE

P.UBAID, J.

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Crl. M.C No.156 of 2016 ~~~~~~~~~~~ Dated this the 11^th January, 2016

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O R D E R

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The petitioner herein is the accused in C.C No.2478 of 2013 of the Judicial First Class Magistrate's Court-I, Kasaragod. 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 323, 498 (A) and 506 (i) of Indian Penal Code on the complaint of one Sijina who is the 1st 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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The victim's affidavit shows that the whole matrimonial dispute stands resolved forever. It is submitted that the victim has joined her husband in matrimony, and that they are now leading a happy married life. In such a situation, it is appropriate that the pending prosecution be

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Crl. M.C No.156 of 2016

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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 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 petitioner herein in C.C No.2478 of 2013 of the Judicial First Class Magistrate's Court-I, Kasaragod will stand quashed under Section 482 of the Code of Criminal

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Crl. M.C No.156 of 2016

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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.S to Judge

Abdul Azeez v. State of Kerala

Case brief

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Abdul Azeez v. State of Kerala

Case brief

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