Muhammed Shafi T. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 Crl.MC.No. 835 of 2015 () -------------------------- IN SC 318/2013 of D.C. & SESSIONS & MACT,KASARAGOD CRIME NO. 303/2012 OF CHANDERA POLICE STATION , KASARGOD PETITIONER(S):
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1. MUHAMMED SHAFI T. AGED 21 YEARS S/O.IBRAHIM AC, AC HOUSE, PEKKADAM NORTH TRIKARIPUR, KASARAGOD DISTRICT
2. MUHAMMED IRSHAD N.
S/O.ISMAIL, BATHAYIL HOUSE, PEKKADAM NORTH TRIKARIPUR KASARAGOD DISTRICT
3. MUHAMMED SHABEER, S/O ABDUL RAHMAN BATHAYIL HOUSE PEKKADAM, NORTH TRIKARIPUR KASARAGOD DISTRICT
4. MUHAMMED SHUHAID, S/O.SHUKOOR, SUHARA MANZIL, PEKKADAM NORTH TRIKARIPUR, KASARAGOD DISTRICT BY ADVS.SRI.P.K.SUBHASH SRI.K.REEHA KHADER RESPONDENT(S):
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1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031
2. GOKUL T.V S/O.RAGHAVAN K.P., UTHINOOR THEKKUPURAM UTHINOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT R2 BY ADV. SRI.A.ARUNKUMAR R1 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-022015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 835 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1:A TRUE COY OF THE FIR IN CRIME NO.303 OF 2012 OF CHANDERA POLICE STATION, KASARAGOD DISRICT ANNEXURE AII:TRUE COPY OF THE FINAL REPORT IN CRIME 303 OF 2012 OF CHANDERA POLICE STATION, KASARAGOD ANNEXURE AIII:TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
------------------------- Crl. M.C No.835 of 2015 --------------------------------------- Dated this the 10th day of February, 2015.
O R D E R
The petitioners herein are the accused in S.C No. 318 of 2013 of the Sessions Court, Kasaragod. 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, 148, 341, 323, 324, 308 r/w 149 of IPC on the complaint of one Gokul who is the second 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.
In so many decisions, the Hon'ble Supreme Court has held that even in cases involving noncompoundable 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 proceedings 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.
Crl. M.C No.835 of 2015 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. On an examination of the case records I find that Section 308 IPC was in fact incorporated in this case by the police on the basis of some hypothetical statement.
In the result, this petition is allowed. The prosecution against the petitioners herein in S.C No. 318 of 2013 of the Sessions Court, Kasaragod 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 sab