T.B.Shaji v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 Crl.MC.No. 324 of 2015 () -------------------------- CC 102/2012 of J.M.F.C., KATTAPPANA CRIME NO. 137/2010 OF KATTAPPANA POLICE STATION , IDUKKI PETITIONER(S)/ACCUSED:
------------------------------------------ T.B.SHAJI S/O.BHASKARAN, THEVARKUNNEL HOUSE, AMBALA KAVALA DESOM KATTAPPANA VILLAGE, IDUKKI DISTRICT.
BY ADVS.SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENT(S):
----------------------------
1. STATE OF KERALA (CRIME NO.137/2010 OF KATTAPPANA POLICE STATION IDUKKI DISTRICT) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. KERALA ROADWAYS (P) LTD K.R.S.PLAZA, 1ST FLOOR, 17/66A INDIRAGANDHI ROAD, KOZHIZKODE REPRESENTED BY ITS MANAGER (GMC), SRI.SAJI.K.S. R2 BY ADV. SRI.S.B.PREMACHANDRA PRABHU R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-012015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 324 of 2015 () --------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-I. CERTIFIED COPY OF THE PRIVATE COMPLAINT DATED 25/2/2010 FILED BY THE 2ND RESPONDENT ANNEXURE-II. CERTIFIED COPY OF THE FIR DATED 1/3/2010 IN CRIME NO.137/2010 OF KATTAPPANA POLICE STATION.
ANNEXURE-III. CERTIFIED COPY OF THE FINAL REPORT DATED 14/2/2012 OF KATTAPPANA POLICE STATION.
ANNEXURE-IV. AFFIDAVIT DATED 13/1/2015 SWORN INTO THE DEFACTO COMPLAINANT.
RESPONDENT(S)' EXHIBITS - NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE
P.UBAID, J.
------------------ --------------------------------- Dated this the 23rd day of January, 2015
O R D E R
The petitioner herein is the sole accused in C.C No.137 of 2010 of the Judicial First Class Magistrate Court, Kattappana. 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 409 and 420 IPC, on the complaint of the Manager of Kerala Roadways (P) Ltd., who is the second 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 now.
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 in pending proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of
the 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, 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 prosecution against the petitioner herein in C.C.No.137/2010 of the Judicial First Class Magistrate's Court, Kattappana 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.
P.UBAID,JUDGE