Safeer M.M v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 Crl.MC.No. 595 of 2015 ------------------------ IN SC 237/2014 OF THE 1ST ADDITIONAL ASSISTANT SESSIONS COURT, KOZHIKODE PETITIONER/ACCUSED NO.3:
------------------------- SAFEER M.M, AGED 21 YEARS, S/O. AMMAD, MANNAN KANDI MEETHAL HOUSE, AVALA P.O. KOZHIKODE DISTRICT.
BY ADVS.SRI.K.ABDUL JAWAD SRI.MATHEW A KUZHALANADAN SMT.VINEETHA V.KUMAR RESPONDENTS/STATE & COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SREERAG, AGED 19 YEARS, S/O. RAGHAVAN, THATTANKANDI HOUSE, KAKKARAMUKKU, CHERUVANNUR P.O., KOYILANDY KOZHIKODE DISTRICT-673 020.
R2 BY ADV. SRI.A.V.ANVAR R2 BY ADV. SRI.S.MOHAMMED AL RAFI R1 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 595 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE A : CERTIFIED COPY OF FINAL REPORT IN SC 237/14. ANNEXURE B : ORIGINAL OF THE AFFIDAVIT DTD.20.11.2014 SWORN BY 2ND RESPONDENT.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.595 of 2015 --------------------------------------- Dated this the 30th day of January, 2015 O R D E R The petitioner herein is the original 3rd accused in Crime No.213/2012 of the Meppayoor Police Station. Of the five accused in the crime the other four were juveniles on the date of incident. The final report against them was submitted by the police before the Juvenile Justice Board. It is submitted that the juveniles stand already acquitted by the Juvenile Justice Board in view of a compromise report during the trial process. The case of the petitioner herein is pending as S.C No.237/2014 before the 1st Additional Assistant Sessions Court, Kozhikode. The offence involved in the crime are under Sections 143, 147, 148, 323, 324 and 308 r/w 149 of the Indian Penal Code.
The petitioner now seeks orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground of amicable settlement. The 2nd respondent herein is the defacto complainant, who sustained injuries in the alleged incident.
Crl.M.C No.595 of 2015 now. It is submitted that the alleged incident infact happened in connection with some dispute between two student groups. On a perusal of the final report, I find that Section 308 of IPC was in fact incorporated by the police on the basis of a purely hypothetical statement. Anyway, I am satisfied that the parties have really come to terms, and they are on quite cordial terms. In such a situation, continuance of prosecution will be a sheer waste of time. 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 S.C No.237/2014 of the 1st Additional Assistant Sessions Court, Kozhikode 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 ab