Faizal v. State Of Kerala
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. 575 of 2015 () -------------------------- CRIME NO. 820/2014 OF PATTAMBI POLICE STATION , PALAKKAD PETITIONER(S):
------------------ 1.
FAIZAL, AGED 29 YEARS, S/O.YUSUF, CHUNGONATH HOUSE, PATHUPPADI, KARAKKAD, PATTAMBI, PALAKKAD DT. 679 313.
2.
MOOSA, AGED 26 YEARS, S/O.YUSUF, CHUNKONATH HOUSE, PATHUPPADI, KARAKKAD, PATTAMBI, PALAKKAD DT. 679 313.
3.
ANWAR, AGED 24 YEARS, S/O.YUSUF, CHUNKONATH HOUSE, PATHUPPADI, KARAKKAD, PATTAMBI, PALAKKAD DT. 679 313.
4.
YUSUF, AGED 65 YEARS, S/O.MUHAMMED, CHUNKONATH HOUSE, PATHUPPADI, KARAKKAD, PATTAMBI 679 313.
5.
MUTHU @ MUSTHAFA, AGED 35 YEARS, S/O.YUSUF, CHUNKONATH HOUSE, PATHUPPADI,KARAKKAD, PATTAMBI - 679 313 BY ADV. SRI.T.PRASAD RESPONDENTS/COMPLAINANT:
--------------------------------- 1.
STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT THOUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2.
SAVAD, AGED 27 YEARS, S/O.HAMZA KIZHAKKETHIL HOUSE, KARAKKAD, PATTAMBI, PALAKKAD DT. 679 313.
3.
ABU ABUTHAHIR, AGED 30 YEARS, S/O.HAMZA, KIZHAKKETHIL HOUSE, KARAKKAD, PATTAMBI, PALAKKAD - 679 313.
4.
VAPPUTTY HAMZA, AGED 58 YEARS, S/O.HAMZA, KIZHAKKETHIL HOUSE, KARAKKAD, PATTAMBI, PALAKKAD 679 313.
R2-4 BY ADV. SRI.A.HAROON RASHEED R1 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-012015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 575 of 2015 APPENDIX PETITIONER'S EXHIBITS:
ANNEXURE A1:
TRUE COPY OF THE F.I.R. AND F.I.S IN CRIME NO.820/2014 OF PATTAMBI POLICE STATION ANNEXURE A2:
THE ORIGINAL COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 2ND RESPONDENT ANNEXURE A3:
THE ORIGINAL COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 3RD RESPONDENT ANNEXURE A4:
THE ORIGINAL COPY OF THE AFFIDAVIT REGARDING SETTLEMENT SIGNED BY THE 3RD RESPONDENT /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ Crl.M.C No. 575 of 2015 ~~~~~~~~~~~ Dated this the 29th January, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.820 of 2014 of Pattambi Police Station, registered under Sections 143, 147, 148, 341, 323 and 506 (ii) of Indian Penal Code on the complaint of one Savad. 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 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. The other injured persons who sustained injuries in the alleged incident are the respondents 3 and 4 in this proceeding. They have also filed affidavit to the effect that they have settled the dispute with the accused and they have no grievance or complaint now.
Crl.M.C No. 575 of 2015 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. 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.820 of 2014 of Pattambi Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge