Allowed

Abdul Jabbar P.P. v. Station House Officer

Kerala HC12 Jan 2016Crl.MC/165/2016

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition under Section 482 CrPC, the High Court of Kerala quashed the prosecution under Section 498A IPC due to an amicable settlement between the accused husband and the wife, holding that continued proceedings would waste judicial time.

What did the court decide?

The prosecution in C.C. No.1406/2015 was quashed; the petitioner released from prosecution; bail bond discharged.

Abdul Jabbar P.P. Vs Station House Officer — 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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TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937

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Crl.MC.No. 165 of 2016

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IN CC 1406/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG CRIME NO. 169/2015 OF CHANDERA POLICE STATION , KASARGOD

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PETITIONER/ACCUSED:

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ABDUL JABBAR P.P, AGED 41 YEARS, S/O. IBRAHIM, PADINJAREPURAYIL HOUSE, ARVANCHAL, POST PERINGOM.

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BY ADV. SRI.C.K.SREEJITH

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RESPONDENTS/COMPLAINANT,STATE & DE-FACTO COMPLAINANT:

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1. STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD DIST REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031

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2. STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031

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3. SUBAIDA, AGED 38 YEARS,

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W/O. ABDUL JABBAR, RESIDING AT ORIMUKKU QUARTERS, P.O KAITHAKKAD, CHERVATHUR VILLAGE, HOSDURG TALUK KASARGOD DIST. 671 313

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R3 BY ADV. SMT.MARY RANZOM LOUIZ

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R1 R2 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 165 of 2016

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A1: COPY OF THE COMPLAINT FILED BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE NO.1, HOSDURG U/S. 190(1) CR.PC

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ANNEXURE A2:COPY OF THE FIR NO.169/2015 ON THE FILE OF CHANDERA POLICE STATION

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ANNEXURE A3: COPY OF THE FINAL REPORT FILED BY THE 1ST RESPONDENT BEFORE THE JFCM NO.1, HOSDURG

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ANNEXURE A4: THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT

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RESPONDENTS' ANNEXURES:

NIL

//TRUE COPY//

P.A TO JUDGE

P.UBAID, J. --------------------------------------Crl.M.C No.165 of 2016

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--------------------------------------- Dated this the 12^th day of 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.1406/2015 of the Judicial First Class Magistrate Court I, Hosdurg. 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 Section 498A of IPC on the complaint of one Subaida who is the third respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim's affidavit shows that the whole matrimonial dispute stands resolved forever, and that she has joined her husband in matrimony. In such a situation, it is appropriate that the prosecution be 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

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Crl.M.C No.165 of 2016

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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.1406/2015 of the Judicial First Class Magistrate Court I, Hosdurg 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

Abdul Jabbar P.P. v. Station House Officer

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Abdul Jabbar P.P. v. Station House Officer

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