Mubashir 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. 866 of 2015 () -------------------------- CC 768/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERINTHALMANNA CRIME NO. 354/2012 OF KOLATHUR POLICE STATION, MALAPPURAM DISTRICT ================== PETITIONER/ACCUSED:
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1. MUBASHIR, AGED 25 YEARS S/O.ALAVI, PATTISSERI HOUSE, KALLUVETTUKUZHI MOORKANAD, MALAPPURAM DISTRICT.
2. MUHAMMED RAFI, AGED 23 YEARS S/O.ALI, KALACHIRA HOUSE, KALLUVETTUKUZHI MOORKANAD, MALAPPURAM DISTRICT.
3. AMEER, AGED 23 YEARS S/O.EYAATHUTTY, RAMANKALATHIL HOUSE, KALLUVETTUKUZHI MOORKANAD, MALAPPURAM DISTRICT.
4. MUHAMMED RASHID, AGED 24 YEARS S/O.ZUBAIR, PUNNANTHODI HOUSE, KALLUVETTUKUZHI MOORKANAD, MALAPPURAM DISTRICT.
5. ANISH BABU, AGED 24 YEARS S/O.MUHAMMED KUTTY, KALAPPARAMBIL HOUSE KALLUVETTUKUZHI, MOORKANAD, MALAPPURAM DISTRICT.
6. FAIZAL @ FAZIL, AGED 22 YEARS S/O.MUHAMMADALI, POOVAKURISSI HOUSE, MOORKANAD MALAPPURAM DISTRICT.
7. SHAMSAD, AGED 22 YEARS S/O.SADIQUE, POOVAKURISSI HOUSE, KALLUVETTUKUZHI MOORKANAD, MALAPPURAM DISTRICT.
8. ABDUL NAZEER @ NAZEER, AGED 26 YEARS S/O.ABDUL RAHIMAN, PARAYARUKUNDIL HOUSE, MOORKANAD MALAPPURAM DISTRICT.
9. MAZDOOR ALI, AGED 21 YEARS S/O.ALI, PATHIRAPPALLY HOUSE, MOORKANAD MALAPPURAM DISTRICT.
10. SHINAB, AGEDD 30 YEARS S/O.HAMZA, CHUNDIKKATTIL HOUSE, MOORKANAD MALAPPURAM DISTRICT.
CRMC 866/2015 -2-
11. FAIZAL, AGED 25 YEARS S/O.MUHAMMED, KANAKKANTHODI HOUSE MOORKANAD, MALAPPURAM DISTRICT.
BY ADV. SRI.C.M.KAMMAPPU RESPONDENTS/STATE & DEFACTO COMPLAINANT/INJURED: --------------------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031. (THROUGH STATION HOUSE OFFICER KOLATHUR POLICE STATION, MALAPPURAM DISTRICT)
2. MUBASHIR P.T, AGED 23 YEARS S/O.KUTTU, POONTHOTTATHIL HOUSE, POTTIKKUZHI MOORKKANAD, PERINTHALMANNA TALUK MALAPPURAM DISTRICT. 679 126.
3. ILYAS BABU P.T., AGED 27 YEARS S/O.HAMZA, POONTHOTTATHIL HOUSE, POTTIKKUZHI MOORKKANAD, PERINTHALMANNA TALUK MALAPPURAM DISTRICT. 679 126.
R2,R3 BY ADV. SRI.MANSOOR.B.H.
R1 BY PUBLIC PROSECUTOR SMT.S. HYMA 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. 866 of 2015 () APPENDIX PETITIONERS' EXHIBITS ----------------------------------- ANNEXURE A. COPY OF THE FINAL REPORT IN CRIME NO.354/2012 OF KOLATHUR POLICE STATION.
RESPONDENTS' EXHIBITS ------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.866 of 2015 --------------------------------------- Dated this the 11th day of February, 2015
O R D E R
The petitioners herein are the eleven accused in C.C.No.768/2013 before the Judicial First Class Magistrate Court-I, Perinthalmanna. 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 and 326 IPC read with 149 IPC on the complaint of one Mubashir, 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. 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.
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 prosecution in pending proceedings, if the parties have really settled the whole dispute amicably out of
Crl.M.C.. No. 866/2015 court, and continuance of further 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. 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.768/2013 before the Judicial First Class Magistrate Court-I, Perinthalmanna, 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 sd