Nisam @ Nisam Mon v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 Crl.MC.No. 813 of 2015 ---------------------- IN CC 193/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, NEDUMANGAD CRIME NO. 644/2009 OF ARYANAD POLICE STATION, THIRUVANANDAPURAM PETITIONERS/ACCUSED:
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1. NISAM @ NISAM MON, AGED 25 YEARS, S/O.NASARUDHEEN, NISI MANZIL, PARANDODE, CHITTUVEEDU MURI, THOLIKKODE VILLAGE, THIRUVANANTHAPURAM.
2. SAJAD, AGED 25 YEARS, S/O.SALIM, SAJAD MANZIL, PARANDODE, KOTTAKKAKAM MURI, ARYANADU VILLAGE, THIRUVANANTHAPURAM.
3. MUNEER, AGED 25 YEARS, S/O.BASHER, SUDHEER MANZIL, KOTTAKKAKAM MURI, ARYANADU VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE & COMPLAINANT & VICTIM:
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1. STATE OF KERALA REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, THIRUVANANTHAPURAM-695609.
3. SARATH BABY, AGED 28 YEARS, S/O.BABY, SARATH BHAVAN, KOOTTAPPARA, MEENANKAL, ARYANADU VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT - 695 101.
R3 BY ADV. SRI.R.ARUN R1 & R2 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 813 of 2015 ----------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEUXRE-A1: COPY OF THE FIR IN CRIME NO.644 OF 2009 OF ARYANAD POLICE STATION.
ANNEXURE-A2: COPY OF THE FINAL REPORT IN ANNEXURE-A1. ANNEXURE-A3: 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.813 of 2015 --------------------------------------- Dated this the 11th day of February, 2015 O R D E R The petitioners herein are the three accused in C.C No.193/2010 of the Judicial First Class Magistrate Court I, Nedumangad. 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, 323 and 294(b) r/w 34 of the Indian Penal Code on the complaint of one Sarath Baby who is the 3rd 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
Crl.M.C No.813 of 2015 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.193/2010 of the Judicial First Class Magistrate Court I, Nedumangad 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 ab