Jeevanandan v. Ramesh Babu

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 Crl.MC.No. 557 of 2015 () -------------------------- IN CC 86/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,ERNAKULAM CRIME NO. 535/2009 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM PETITIONER(S):

-------------------------- JEEVANANDAN, AGED 56 YEARS S/O DIVAKARAN POTTI, EDAMANA HOUSE, PUTHENCHIRA KARA MUKUNDAPURAM TALUK, TRISSUR DISTRICT NOW RESIDING AT PALLIYIL HOUSE, ELAMKUMMAPUZHA P.O. VYPIN, ERNAKULSM 682503 BY ADV. SRI.P.V.ARUN KUMAR RESPONDENT(S)/DE FACTO COMPLAINANT & STATE:

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1. RAMESH BABU, AGED 54 YEARS RAMESH BABU, GOKULAM, KALOOR ERNAKULAM

2. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE E.T.NORTH POLICE STATION ERNAKULAM DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682031 R1 BY ADV. SRI.N.KRISHNA PRASAD R2 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 557 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A: CERTIFIED COPY OF THE FINAL CHARGE IN C.C. 86/2010 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ERNAKULAM RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

----------------------------- Crl. M.C No.557 of 2015 --------------------------------------- Dated this the 29th day of January, 2015.

O R D E R

The petitioner herein is the sole accused C.C No. 86/2010 of the Judicial First Class Magistrate Court-I, Ernakulam. 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 447, 427, 294(b) and 506 IPC, on the complaint of one Ramesh Babu who is the first 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. In such a situation, continuance of the prosecution will not serve any purpose, other

Crl. M.C No.557 of 2015 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.86/2010 of the Judicial First Class Magistrate's Court, Ernakulam 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 sab