Allowed

Salah Said Al Ghailini v. Sufeena M.P

Kerala HC15 Jan 2016Crl.MC/32/2016

Case brief

AI extract

What is this about?

The court allowed a criminal miscellaneous petition quashing prosecution under Section 482 CrPC in a Section 498A IPC case. The order holds that since the parties reached a genuine amicable settlement, continuing proceedings would only waste judicial time.

What did the court decide?

The prosecution against the petitioner will stand quashed; the petitioner shall be released from prosecution and bail bond discharged.

Salah Said Al Ghailini Vs Sufeena M.P — Cheque Dishonour | 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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FRIDAY, THE 15TH DAY OF JANUARY 2016/25TH POUSHA, 1937

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Crl.MC.No. 32 of 2016

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LP 151/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-V, KOZHIKODE CRIME NO. 37/2013 OF NALLALAM POLICE STATION , KOZHIKODE

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PETITIONER(S)/PETITIONER:

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

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SALAH SAID AL GHAILINI, AGED 39 YEARS, S/O.SAID ABDULLA AL GHAILANI, OMANI HOUSE, CHERUVANNOOR P.O., KOZHIKODE.

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BY ADVS.SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR

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RESPONDENT(S)/COMPLAINANT & STATE:

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1. SUFEENA M.P., D/O.M. P. MUHAMMED, A.T. HOUSE, ULLISSERI KUNNU, NALLAM P. O., KOZHIKODE - 673 027.

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2. STATE OF KERALA,

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REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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R1 BY ADV. SRI.K.N.JAYAKUMAR R2 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 32 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE 1:-TRUE COPY OF THE FIR IN CRIME NO 37/2013 OF THE NALLALAM POLICE STATION DTD 18/1/2013

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ANNEXURE 2:-TRUE COPY OF THE CHARGE SHEET DTD 14/3/2013 IN CRIME NO 37/2013 OF THE NALLAM POLICE STATION

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ANNEXURE 3:-AFFIDAVIT DTD 29/12/2015 OF THE IST RESPONDENT

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

P. UBAID, J.

Crl.M.C.No.32 of 2016

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Dated this the 15^th day of January, 2016

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The petitioner herein is the accused in Crime No.37/2013 of the Nallalam Police station. Cognizance was taken on the final report by the learned Judicial First Class Magistrate-V, Kozhikode as C.C.No.467/2013. The case now stands transferred to the register of long pending cases as L.P.No.151/2014. The petitioner 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 IPC on the complaint of one Sufeena, who is the 1^st 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

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Crl.M.C.No.32/2016

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the parties have really settled the whole dispute amicably out of court, and continuance of further proceedings 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 L.P.No.151/2014 of the Judicial First Class Magistrate Court-V, Kozhikode, 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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// True Copy // P.A. to Judge

Salah Said Al Ghailini v. Sufeena M.P

Case brief

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Salah Said Al Ghailini v. Sufeena M.P

Case brief

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