Binu C.Joy 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. 484 of 2015 ------------------------ CRIME NO. 1955/2014 OF NEDUMBASSERY POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED 1 TO 5:
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1. BINU C.JOY, AGED 32 YEARS, S/O.JOY, CHETTAKULATHINKARA HOUSE, KODANAD, ERNAKULAM DISTRICT.
2. DAVICE K.OUSEPH, AGED 20 YEARS, S/O.OUSEPH, KIZHAKKEKUDY HOUSE, WEST MORAKKALA, KUMARAPPURAM, ERNAKULAM DISTRICT.
3. ANOOP VARGHESE, AGED 21 YEARS, S/O.VARTHESE, AREECKAL HOUSE, MAIKKAD, AKAPARAMBU, ERNAKULAM DISTRICT.
4. NIGO THOMAS, AGED 25 YEARS, S/O.THOMAS, KAIPARAMBADAN HOUSE, VAPPALASSERY, MAIKAVU, ERNAKULAM DISTRICT.
5. ABIN JAMES, AGED 25 YEARS, S/O.JAMES, PYNADATH HOUSE, MAIKKAD, AKAPARAMBU, ERNAKULAM DISTRICT.
BY ADVS.SRI.C.D.JOHNY SMT.MEREENA JOSEPH RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031 ON BEHALF OF SUB-INSPECTOR OF POLICE NEDUMBASSERY POLICE STATION.
2. THARUSH SELVARAJ, S/O.SELVARAJ, KONNANCHERRY HOUSE, AYAKKADU VADAKKUMCHERRY ALATHOOR, VADAKKANCHERRY, PALAKKAD KERALA, INDIA.
R2 BY ADV. SRI.LIFFY P. FRANCIS R1 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. 484 of 2015 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE A1: CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 1955/2014 NEDUMBASSERY AIRPORT POLICE STATION.
ANNEXURE A2: AFFIDAVIT SWORN BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.484 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.1955/2014 of Nedumbassery Airport Police Station, registered under Sections 143, 147, 148, 149, 323, 427 and 452 of the Indian Penal Code on the complaint of one Tharush Selvaraj. 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 Tharush Selvaraj 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.
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
Crl.M.C No.484 of 2015 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.1955/2014 of the Nedumbassery Airport Police Station will stand quashed under Section 482 of the Code of Criminal Procedure. P.UBAID JUDGE ab