High Court of KeralaCrl.MC/836/2015allowed

Anoop K.K v. State

2015-02-10Honourable Mr. Justice P.Ubaid4 pages

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. 836 of 2015 () -------------------------- IN SC 514/2013 of D.C. & SESSIONS & MACT,KASARAGOD CRIME NO. 299/2012 OF CHANDERA POLICE STATION , KASARGOD PETITIONER(S)/ACCUSED:

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1. ANOOP K.K AGED 20 YEARS S/O.RAMAKRISHNAN, KANICHIRA HOUSE, PEKKADAM NORTH TRIKARIPUR VILLAGE, KASARAGOD DISTRICT.

2. SHIBIN DAS K AGED 20 YEARS S/O.SAHMUGHAN, PEKKADAM, TRIKARIPUR TRIKARIPUR VILLAGE, KASARAGOD DISTRICT.

3. GOKUL T.V AGED 20 YEARS S/O.K.P.RAGHAVAN, PUTHINOOR, TRIKARIPUR VILLAGE KASARAGOD DISTRICT.

4. NIDHIN K AGED 24 YEARS S/O.CHANDRAN, PEKKADAM, TRIKARIPUR NORTH TRIKARIPUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S)/RESPONDENTS:

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1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 682 031.

2. A.G.NAJEEB, AGED 20 YEARS S/O.IBRAHIM, GREEN HOUSE, PEKKADAM NORTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

3. MOHSIN, AGED 20 YEARS S/O.SHAHUL HAMEED, BADAYIL HOUSE, PUTHINOOR NORTH TRIKARIPUR VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

4. MUHAMMED SAFVAN T S/O.ABDUL BASHEER, SAS MAHAL, PUTHINOOR KASARAGOD DISTRICT.

R2-3-4 BY ADV. SRI.P.K.SUBHASH R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 836 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A 1- A TRUE COPY OF THE F.I.R IN CRIME NO.299 OF 2012 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT.

ANNEXURE A II- A TRUE COPY OF THE FINAL REPORT. ANNEXURE A III- TRUE COPY OF THE AFFIDAVIT OF THE 2ND RESPONDENT. ANNEXURE A IV- TRUE COPY OF THE AFFIDAVIT OF THE 3RD RESPONDENT. ANNEXURE A V- A TRUE COPY OF THE AFFIDAVIT OF THE 4TH RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- Crl. M.C No. 836 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.514 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 Najeeb 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. The other persons who sustained injuries in the alleged incident are the respondents 3 and 4 in this proceeding.

They have also filed affidavit to the effect that they have settled the whole dispute with the accused, and they have no grievance or complaint now.

Crl. M.C No. 836 of 2015 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. On a perusal of the case records, I find that Section 308 IPC was in fact incorporated 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.514 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