Renju v. State Of Kerala

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. 292 of 2015 () -------------------------- CRIME NO. 8/2015 OF PUTHOOR POLICE STATION, KOLLAM DISTRICT, NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT II, KOTTARAKARA ----------------- PETITIONER/ACCUSED :

--------------------------------- RENJU, AGED 28 YEARS, S/O KUNJUMON, THAMARAMVILAMELETHIL VEEDU, CHUMADUTHANGI, KARICKAL MURI, PAVITHRESWARM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS/STATE & COMPLAINANTS :

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1. STATE OF KERALA REPRESENTEDE BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

2. THE SUB INSPECTOR OF POLICE, PUTHOOR POLICE STAION, KOLLAM DISTRICT

3. THANKACHAN, AGED 52 YEARS, S/O DANIEL, THAMARAMVILA VEEDU, CHUMADUTHANGI, KARICKAL MURI, PAVITHRESWARAM VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT.

R1 & R2 BY PUBLIC PROSECUTOR SMT.S. HYMA R3 BY ADV. SRI.P.V.DILEEP 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. 292 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1:

A TRUE COPY OF THE F.I.R.IN CRIME NO.8 /2015 OF PUTHOOR POLICE STATION.

ANNEXURE A2:

AFFIDAVIT OF THE 3RD RESPONDENT RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P. UBAID, J.

--------------------------------------- Crl.M.C.No. 292 of 2015 --------------------------------------- Dated this the 16th day of January, 2015

O R D E R

The petitioner herein is the accused in Crime No.8/2015 of the Puthoor Police Station. 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 Sections 294(b), 326 and 447 IPC on the complaint of one Thankachan, who is the 3rd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. It is submitted that the parties are close relatives and also neighbours. He has filed affidavit to the effect that he has settled the whole 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 the prosecution in pending 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

Crl.M.C.. No. 292/2015 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, and I am satisfied that the parties are now on quite cordial terms. 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.

In the result, this petition is allowed. The FIR and further proceedings in Crime No.8/2015 of the Puthoor Police Station, 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 sd