Ashwin 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. 645 of 2015 () -------------------------- AGAINST CC 2343/2014 of J.M.F.C. - I, PARAVUR CRIME NO. 77/2014 OF VADAKKEKARA POLICE STATION , ERNAKULAM PETITIONER(S)/ACCUSED:
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1. ASHWIN AGED 18 YEARS S/O.BENNY, PUTHENVEETTIL, MADAPLATHURUTH BHAGOM MADAPLATHURUTH KARA, MOOTHAKUNNAM VILLAGE NORTH PARAVUR, ERNAKULAM DISTRICT.
2. AJISH AGED 20 YEARS S/O.GEORGE, PUKKATT HOUSE, KURIAPPILLI BHAGOM KURIAPPILLI KARA, MOOTHAKUNNAM VILLAGE, NORTH PARAVUR ERNAKULAM DISTRICT.
3. ATHUL AGED 20 YEARS S/O.RAJAN, MULLASSERY HOUSE, VAVAKKADU KARA MOOTHAKUNNAM VILLAGE, NORTH PARAVUR ERNAKULAM DISTRICT.
4. VISHNU AGED 19 YEARS S/O.PRADEEP, THOZHUTHIPPARAMBIL HOUSE MADAPLATHURUTH KARA, MOOTHAKUNNAM VILLAGE NORTH PARAVUR, ERNAKULAM DISTRICT.
5. MIDHUN AGED 19 YEARS S/O.LAVAN, KOCHEERAYIL HOUSE, VAVAKKADU KARA VADAKKEKKARA VILLAGE, NORTH PARAVUR ERNAKULAM DISTRICT.
BY ADVS.SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY RESPONDENT(S)/STATE AND CWS1 AND 2-INJURED:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PIN-682 031.
2. SARATH, AGED 23 YEARS S/O.PURUSHOTHAMAN, VADASSERIVELIYIL HOUSE VELORVATTOM BHAGAM, VELORVATTAM VILLAGE CHERTHALA TALUK, ALAPPUZHA DISTRICT.
3. SACHIN, AGED 19 YEARS S/O.SATHYAN, SACHIN BHAVAN, PATTANAKKAD KARA CHERTHALA TALUK, ALAPPUZHA DISTRICT.
R2 BY ADV. SRI.M.REVIKRISHNAN R1 BY PUBLIC PROSECUTOR SMT.P.MAYA 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. 645 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE A1- THE TRUE COPY OF THE CHARGE SHEET IN CRIME NO.77 OF 2014 OF VADAKKEKKARA POLICE STATION.
ANNEXURE A2- THE AFFIDAVIT DATED 22.01.2015 SWORN BY THE 2ND RESPONDENT HEREIN.
ANNEXURE A3- THE AFFIDAVIT DATED 22.01.2015 SWORN BY THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS -------------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ ~~~~~~~~~~~ Dated this the 2nd February, 2015
O R D E R
The petitioners are the five accused in C.C No.2343 of 2014 of the Judicial First Class Magistrate Court-I, North Paravur. 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, 341, 323 and 149 of Indian Penal Code on the complaint of one Sarath, 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 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.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.2343 of 2014 of the Judicial First Class Magistrate's Court-I, North Paravur 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.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge