Jaseer v. Sreejith V.K.
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. 465 of 2015 ------------------------ CRIME NO. 930/2014 OF KOYILANDY POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED:
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1. JASEER.K, AGED 30 YEARS, S/O UMMER, CHERIYAPURAYIL HOUSE, CHEMANCHERY P.O, KOYILANDY, KOZHIKODE DISTRICT
2. SHIMITHLAL K., AGED 23 YEARS, S/O VELAYUDHAN, KALATHIL HOUSE, ELATHUR P.O. KOZHIKODE DISTRICT.
3. NIKHIL V.T., AGED 25 YEARS, S/O SURESH BABU, VAYAPURATH THAZHAM, ELATHUR P.O, KOZHIKODE DISTRICT
4. SHYAMJITH, AGED 27 YEARS, S/O APPUTTY, THATTAMTHODUKAYIL, ELATHUR P.O, KOZHIKODE DISTRICT BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE:
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1. SREEJITH V.K., AGED 30 YEARS, S/O KUNHIRAMAN, SANTHIPURATH KUNIYIL HOUSE, IRINGATH P.O., PAYYOLI, KOZHIKODE DISTRICT-673523
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI-682031 R1 BY ADV. SRI.P.V.ANOOP R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 465 of 2015 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
------------------------ ANNEXURE A: COPY OF THE F.IR. DATED 12.11.2014 IN CRIME NO.930/2014 OF KOYILANDY POLICE STATION, KOZHIKODE ANNEXURE A(1): COPY OF THE ORDER DATED 11.12.2014 IN CRL.M.C. NO.2403/14 ON THE FILE OF THE SESSIONS COURT, KOZHIKODE. ANNEXURE B: COPY OF THE AGREEMENT EXECUTED BY THE PETITIONERS AND 1ST RESPONDENT DATED 8.12.2014 ANNEXURE C: THE AFFIDAVIT FILED BY THE FIRST RESPONDENT DT.12.1.2015 ANNEXURE D: COPY OF THE CASH RECEIPT DATED 8.12.2014 ISSUED BY THE KERALA STATE ROAD TRANSPORT CORPORATION.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.465 of 2015 --------------------------------------- Dated this the 23rd day of January, 2015 O R D E R The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.930/2014 of Koyilandy Police Station, registered under Sections 341, 323, 322, 427 and 294(b) r/w 34 of the Indian Penal Code on the complaint of one Sreejith. 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 Sreejith is the 1st 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 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 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 prosecution will not serve any purpose.
Crl.M.C No.465 of 2015 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.930/2014 of Koyilandy Police Station, will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab