Vimalkumar 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. 601 of 2015 ------------------------ IN CC 69/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR PETITIONERS/ACCUSED 1-6:
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1. VIMALKUMAR, S/O.SIVARAMAN, PUTHENVEETTIL, KAITHAKKAL MURI, PALLIKKAL VILLAGE.
2. ANOOP, KAVULLATHIL PADINJATTETHIL, CHERUKUNNAM MURI, PALLIKKAL VILLAGE.
3. AKHILKUMAR, VISHNU VIHAR, KAITHAKKAL MURI, PALLIKKAL VILLAGE.
4. SAJIN, KANJIKKAL HOUSE, KAITHAKKAL MURI, PALLIKKAL VILLAGE.
5. SACHIN, CHENAYIL HOUSE, KAITHAKKAL MURI, PALLIKKAL VILLAGE.
6. SABARIPRASAD, PRASANTH BHAVANAM, KAITHAKKAL MURI, PALLIKKAL VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENTS/STATE CW1 AND 2:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ABHILASHKUMAR, S/O.YESODHARAN, KARTHIKA VEETTIL, KAITHAKKAL MURI, PALLICKAL VILLAGE, ADOOR-691523.
3. BHANUMATHIYAMMA KARTHIKA VEETTIL, KAITHAKKAL MURI, PALLICKAL VILLAGE ADOOR-691523.
R2,3 BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) 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. 601 of 2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE A: COPY OF THE CHARGE SHEET IN C.C NO.69/2014 ANNEXURE B: COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT. ANNEXURE C: COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT. RESPONDENTS' ANNEXURES:
NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.601 of 2015 --------------------------------------- Dated this the 30th day of January, 2015 O R D E R The petitioners herein are the six accused in C.C No.69/2014 of the Judicial First Class Magistrate Court, Adoor. 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 143, 147, 149, 294(b) 323 and 506(i) of the Indian Penal Code on the complaint of one AbhilashKumar 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.
The other person who sustained injuries in the alleged incident is the 3rd respondent in this proceeding. He has also filed affidavit to the effect that he has settled the whole dispute with the accused and he has no grievance or complaint now. 3.
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
Crl.M.C No.601 of 2015 proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of the prosecution 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. 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. The prosecution in the counter case in C.C No.
70/2014 of the same court stands quashed under Section 482 of the Code of Criminal Procedure. In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.69/2014 of the Judicial First Class Magistrate Court, Adoor 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