Thanseef K.L v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 Crl.MC.No. 532 of 2015 () -------------------------- IN CC 589/2014 of ADDL.C.J.M., ERNAKULAM CRIME NO. 574/2014 OF PANANGAD POLICE STATION , ERNAKULAM PETITIONER(S)/PETITIONERS/ACCUSED NO 1 TO 5:
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1. THANSEEF K.L AGED 22 YEARS S/O.ABDHUL LATHEEF, KOROTHIL HOUSE, KALPAKANJERI P.O, MALAPPURAM DIST PIN 676 551
2. VISHNU A.S AGED 22 YEARS S/O.ANIL KUMAR, VYSHNAVAM HOUSE, VELIYAM WEST P.O, THANNIMUKKU, KOLLAM DIST PIN 691 540
3. SHIBU H AGED 21 YEARS S/O.HRIDHAYADASAN, SHEEJA BHAVANAM, POZHIYOOR P.O,TRIVANDRUM DIST, PIN 695 513
4. ARUN T AGED 21 YEARS S/O.THANKKAN, KUMARATHOPPIL HOUSE, ALUMKADAVU P.O, KARUNAGAPPALLY, KOLLAM DIST PIN 690 573
5. ARJUN SUNIL AGED 20 YEARS S/O.SUNIL, SREESYLAM HOUSE, AVANAVANCHERY P.O, ATTINGAL, TRIVANDRUM DIST PIN 695 103 BY ADV. SRI.DEEPAK MOHAN RESPONDENT(S)/RESPONDENTS/STATE AND CW1:
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1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PANAGAD POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
2. BIJULAL, AGED 22 YEARS S/O.RAJENDRA BABU, BABU BHAVAN, KOZHIKKARA PARAVOOR P.O, KOLLAM DIST, PIN 691 301 R BY SMT.S.HYMA,PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 532 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1 - TRUE COPY OF THE CHARGE SHEET IN CC NO 589/2014 PENDING BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT AT ERNAKULAM ARISING OUT OF CRIME NO 574/2014 OF PANANGAD POLICE STATION.
ANNEXURE A2 - AFFIDAVIT SWORN BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS --------------------------------------- NIL /TRUE COPY/ P.A.TO JUDGE
P.UBAID, J.
--------------------------------------- Crl.M.C No.532 of 2015 --------------------------------------- Dated this the 2nd day of February, 2015 O R D E R The petitioners herein are the five accused in C.C No.589/2014 of the Additional Chief Judicial Magistrate Court, Ernakulam. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Crime in this case was registered under Sections 323, 324 and 294(b) r/w 34 of the Indian Penal Code on the complaint of one Bijulal who 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 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 prosecution will not serve any purpose in such a circumstance of amicable
Crl.M.C No.532 of 2015 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 petitioners herein in C.C No.589/2014 of the Additional Chief Judicial Magistrate Court, Ernakulam will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab