Subair v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Crl.MC.No. 81 of 2015 () ------------------------- CRIME NO. 1075/2011 OF HOSDURG POLICE STATION , KASARGOD DISTRICT =============== PETITIONERS/ACCUSED 1-13:

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1. SUBAIR, AGED 38 YEARS S/O.MUHAMMED, RESIDING AT VENGACHERY HOUSE, CB ROAD CHAMUNDIKUNNU, CHITHARI VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

2. C.H.ISAHAQ, AGED 25 YEARS S/O.KUNHAHAMMED, RESIDING AT CHAMUNDIKUNNU CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

3. A.P.ABDUL BASHEER, AGED 48 YEARS S/O.A.P.ABBAS, RESIDING AT MUNAYANCODE, CHAMUNDIKUNNU CHITHARI VILLAGE.

4. M.HYDER, AGED 22 YEARS S/O.ABDULLA, RESIDING AT CHAMUNDIKUNNU CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

5. C.H.NISSAR, AGED 33 YEARS S/O.IBRAHIM, RESIDING AT EVK HOUSE, CHAMUNDIKUNNU CHITHARI VILLAGE, NORTH CHITHARI, HOSDURG TALUK KASARAGOD DISTRICT.

6. M.HASSAN, AGED 39 YEARS S/O.ABDUL RAHIMAN, RESIDING AT CHAMUNDIKUNNU CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

7. C.H.AZIZ, AGED 38 YEARS S/O.KUNHAHAMMED, RESIDING AT C.H.HOUSE, CHAMUNDIKUNNU CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

8. C.H.MUHAMMED ASHARAF, AGED 42 YEARS S/O.ABDULLA, RESIDING AT FAIZAL MANZIL, CHITHARI CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

9. C.H.MUJEEV REHIMAN, AGED 26 YEARS S/O.ABOOBACKER, RESIDING AT CHAMUNDIKUNNU CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

Crl.MC.No. 81 of 2015 -2-

10. NUHMAN ALI, AGED 22 YEARS S/O.ISAHAK, RESIDING AT BAITHUL MUNNA HOUSE CHAMMUNDIKUNNU, CHITHARI VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

11. ALI HYDER, AGED 18 YEARS S/O.BASHEER, RESIDING AT VERLLIKKOTHU, CHAMMUNDIKUNNU CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

12. SHAMSEER A.V., S/O.ABBAS, RESIDING AT KOTTILANGADU, CHAMMUNIDKUNNU CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

13. MUHAMMED KUNHI @ MAMMAD, AGED 49 YEARS S/O.ABDULLA, RESIDING AT MUNAYAMCODE, CHITHARI VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT.

BY ADV. SRI.T.MADHU RESPONDENTS/STATE:

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1. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER HOSDURG POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

2. JAYAN, AGED 45 YEARS S/O.KRISHNAN, RESIDING AT CHIRAKKAL HOUSE RAVANESHWARAN P.O., CHITHARI VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT-671316.

3. V.KUNHIRAMAN, AGED 52 YEARS S/O.KOTTAN, RESIDING AT NITHIN NIVAS, RAMAGIRI RAVANESHWARAM, CHITHARI VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT-671316.

R2,R3 BY ADV. SMT.BINDUMOL JOSEPH R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2015, ALONG WITH CRMC. 80/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 81 of 2015 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------ ANNEXURE 1 : TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.1075/2011 OF HOSDURG POLICE STATION.

ANNEXURE 2 : TRUE COPY OF THE REPORT DT.12-10-11 SUBMITTED BY R1 BEFORE THE LEARNED JFCM I, HOSDURG.

ANNEXURE 3 : TRUE COPY OF THE REPORT DT.16-11-13 SUBMITTED BY R1 BEFORE THE JFCM I HOSDURG.

ANNEXURE 4 : AFFIDAVIT DT.29-11-14 SWORN IN BY R2. ANNEXURE 5: AFFIDAVIT DT.29-11-14 SWORN IN BY R3. ANNEXURE 6: TRUE COPY OF THE REPORT DT.5-11-11 SUBMITTED BY R1 BEFORE THE LEARNED JFCM I HOSDURG IN CRIME 1075/11 OF HOSDURG POLICE STATION.

ANNEXURE 7: TRUE COPY OF THE REPORT DT.26-11-11 SUBMITTED BY R1 BEFORE THE LEARNED JFCM I HOSDURG IN CR 1075/2011 OF HOSDURG POLICE STATION.

RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C. No.81 of 2015 --------------------------------------- Dated this the 2nd day of March, 2015

O R D E R

The petitioners seek orders quashing the F.I.R and further proceedings in Crime No. 1075/2011 of the Hosdurg Police Station, registered under Sections 153(A) and 326 IPC on the complaint of one Jayan. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Jayan is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused and he has no grievance or complaint The other person who sustained injuries in the alleged incident is the respondent No.3 in this proceeding. He has also filed affidavit to the effect that he has settled the dispute with the accused and he has no grievance or complaint now.

In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash prosecution; be it at the crime stage or at the

Crl.M.C. No.81 of 2015 trial stage or even at the appellate or revision stage; if the parties have really settled the whole dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.

In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.1075/2011 of the Hosdurg Police Station, will stand quashed under Section 482 of the Code of Criminal Procedure.

Sd/- P. UBAID, JUDGE sd