Allowed

Junais v. Sumayya

Kerala HC12 Jan 2016Crl.MC/173/2016

Case brief

AI extract

What is this about?

The High Court of Kerala quashed criminal proceedings filing against two accused persons in a matrimonial dispute arising under various sections of the IPC. The court found a genuine amicable settlement and dissolution of marriage, holding that continuation of prosecution would serve no purpose and would only waste judicial time.

What did the court decide?

Prosecution against petitioners in C.C No.211/2013 quashed; petitioners released from prosecution; bail bond discharged.

Junais Vs Sumayya — 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. 173 of 2016

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IN CC 211/2013 OF THE CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CRIME NO. 297/2013 OF KARIPUR POLICE STATION, MALAPPURAM

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PETITIONERS/ACCUSED:

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1. JUNAIZ, AGED 32 YEARS, S/O. MOIDEEN, FALCON HOUSE, PANARIKKANDY PARAMBU, KARAPARAMB POST, KARUVASSERI,

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KOZHIKODE DISTRICT.

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2. RUKKIYA, AGED 54 YEARS, W/O. MOIDEEN, FALCON HOUSE, PANARIKKANDY PARAMBU, KARAPARAMB POST, KARUVASSERI, KOZHIKODE DISTRICT.

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BY ADVS.SRI.K.M.JAMALUDHEEN

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SMT.LATHA PRABHAKARAN

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RESPONDENTS/COMPLAINANT & STATE:

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1. SUMAYYA, AGED 25 YEARS, D/O. KUNCHAJI, KUNNEKKATT HOUSE, THOTTIL ALPARAMBU ANTHIYOOR KUNNU P.O., MALAPPURAM DISTRICT-673637.

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2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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R1 BY ADV. SMT.V.C.ARCHANA

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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. 173 of 2016

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APPENDIX

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PETITIONERS' ANNEXURES:

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ANNEXURE I- CERTIFIED COPY OF THE FIR IN FIS IN CRIME NO. 297/2013 OF KARIPPOOR POLICE STATION DATED 7-6-2013.

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ANNEXURE 2- CERTIFIED COPY OF THE CHARGE IN CRIME NO. 297/2013 OF KARIPPOOR POLICE STATION ALONG WITH PHOTOCOPY OF THE MEMORANDUM OF WITNESSES.

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RESPONDENTS' ANNEXURES:

NIL

//TRUE COPY//

P.A TO JUDGE

P.UBAID, J. --------------------------------------Crl.M.C No.173 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 petitioners herein are the two accused in C.C No.211/2013 of the Chief Judicial Magistrate Court, Manjeri. 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 323, 341, 506(1), 406 and 498A of the Indian Penal Code on the complaint of one Sumayya who is the first 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 the marriage stands dissolved. The claims of the victim stand settled adequately and the other disputes and litigations also stand settled. 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

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Crl.M.C No.173 of 2016

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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 petitioners herein in C.C No.211/2013 of the Chief Judicial Magistrate Court, Manjeri 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.

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Sd/P.UBAID JUDGE

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//True Copy//

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Junais v. Sumayya

Case brief

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Junais v. Sumayya

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