Nisamuddin v. Shaju N.M.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 Crl.MC.No. 716 of 2015 ------------------------- IN SC 1062/2012 OF THE ASSISTANT SESSIONS COURT, VATAKARA CRIME NO. 783/2011 OF VATAGARA POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED 1 TO 3:
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1. NISAMUDDIN, AGED 23 YEARS, S/O.ABDULLA, THARAVATTATH HOUSE, THIRUVALLUR P.O., POOKKOTTUMMAL, VATAKARA TALUK.
2. MUNEER, AGED 23 YEARS, S/O.AMMAD, KUNIYIL HOUSE, THIRUVALLUR, VATAKARA TALUK.
3. ABDUL KAREEM, AGED 25 YEARS, S/O.AMMAD, PADINJAREKAZHUNTHAMMAL HOUSE, THIRUVALLUR, VATAKARA TALUK.
BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENTS/COMPLAINANT:
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1. SHAJU N.M, AGED 34 YEARS, S/O.BALAN, NALLURMEETHAL HOUSE, KEEZHAL P.O, VATAKARA TALUK, KOZHIKODE -673 101.
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
R1 BY ADV. SMT.P.A.ANEESHA R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 716 of 2015 ------------------------ APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE-I.COPY OF THE FIR AND POLICE CHARGE IN CRIME NO.783/2011 OF THE VATAKARA POLICE STATION, KOZHIKODE. ANNEXURE-II.COPY OF AGREEMENT EXECUTED BY 1ST RESPNDENT AND THE SISTER OF 1ST PETITIONER ANNEXURE-III.SWORN AFFIDAVIT OF THE 1ST RESPONDENT ANNEXURE IV: COPY OF THE FINAL REPORT IN CRIME NO.783/2011 OF VATAKARA POLICE STATION.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.716 of 2015 --------------------------------------- Dated this the 18th day of August, 2015
O R D E R
The petitioners herein are the three accused in S.C No.1062/2012 of the Assistant Sessions Court, Vatakara. 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 341, 326, 506(ii) and 308 r/w 34 of the Indian Penal Code on the complaint of one Shaju who is the 1st 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 prosecution will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement
Crl.M.C No.716 of 2015 between the parties. This is not a case involving any public interest or public issue. On a perusal of the materials, including the final report, I find that Section 308 IPC was incorporated by the police on the basis of some hypothetical statement. A connected case, wherein one of the petitioners herein is the complainant also stands quashed by this Court as per the order in Crl.M.C No.708/2015. The parties have come to terms amicably on the intervention of persons acceptable to both sides. 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 S.C No.1062/2012 of the Assistant Sessions Court, Vatakara 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