Manikandan K. v. Abdul Fayis C.A.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 Crl.MC.No. 291 of 2015 () -------------------------- CC 1157/2013 of JUDICIAL FIRST CLASS MAGISTRATE -II,HOSDRUG ---------------------- PETITIONERS/ACCUSED :
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1. MANIKANDAN K., AGED 33 YEARS, S/O., KUNHIKANNAN, MOTTAMMAL HOUSE, CHATHANKAI, KALANAD VILLAGE, KASARGOD DISTRICT
2. MANU @ MANOJ C., AGED 27 YEARS, S/O. CHATHU NAIR, NERAPPANADI HOUSE, EDUVUNGAL, KALANADU VILLAGE, KASARGOD DISTRICT
3. CHANDRAN K., AGED 36 YEARS, S/O., SUGUNAN, THEKKEVEEDU, KALANAD, KALANAD VILLAGE, KASARGOD DISTRICT
4. RANJITH K., AGED 26 YEARS S/O., KUNHIRAMAN, CHATHANKAI CHANDRAGIRI P.O., KALANAD VIALLAGE, KASARGOD DISTRICT BY ADV. SRI.A.ARUNKUMAR RESPONDENTS/COMPLAINANT/STATE :
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1. ABDUL FAYIS C.A., AGED 25 YEARS, S/O ASHRAF, FAYIS MANZIL, KATTAKAL, MELPARAMBA, KALANAD VIALLAGE, KASARGOD DISTRICT
2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 R1 BY ADV. SRI.V.MADHUSUDHANAN R2 BY PUBLIC PROSECUTOR SMT. P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
Crl.MC.No. 291 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1:
CERTIFIED COPY OF THE F.I.R. IN CRIME NO.71 OF 2013 OF BEKAL POLICE STATION,KASARGOD DISTRICT.
ANNEXURE AII:
CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.71 OF 2013 OF BEKAL POLICE STATION, KASARGOD DISTRICT ANNEXURE AIII:
A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 1ST RESPONDENT ENDORSING THE FACTUM OF SETTLEMENT. RESPONDENT(S)' EXHIBITS :
NIL.
--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp
P.UBAID, J.
============================ Crl.M.C.No.291 of 2015 ============================ Dated this the 18th day of January, 2016
ORDER
The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.553 of 2015 of Perinthalmanna Police Station, registered under Section 420 of the Indian Penal Code on the complaint of one Kadeeja. 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 is the 2nd 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.
2.
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; be it at
Crl.M.C.No.291 of 2016 2 the crime stage or at the trial stage, or even at the appellate or revision stage; if the parties have really settled the whole dispute, or if continuance of the prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of the 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.553 of 2015 of Perinthalmanna Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE rkj //TRUE COPY// P.A. TO JUDGE