Gladwin v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 Crl.MC.No. 904 of 2015 () -------------------------- SC 1922/2013 of PRINCIPAL ASSISTANT SESSIONS COURT,TRIVANDRUM CRIME NO. 321/2009 OF POOJAPPURA POLICE STATION , THIRUVANANDAPURAM DISTRICT ======================== PETITIONERS/ACCUSED 1 TO 3::
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1. GLADWIN, AGED 30 YEARS S/O.AMBI, BADASTHA VEEDU, MARUTHUVILA PARAMADA, KUNNAMPPUZHA WARD, THIRUMALA VILLAGE THIRUVANANTHAPURAM
2. WILFREDWIN, AGED 31 YEARS S/O.AMBI, BADASTHA VEEDU, MARUTHUVILA PARAMADA, KUNNAMPPUZHA WARD, THIRUMALA VILLAGE THIRUVANANTHAPURAM.
3. JEBASINGH, AGED 27 YEARS S/O.CHRISTHUDAS, CHRISTUVILASAM VEEDU, MARUTHANVILA PARAMADA, KUNNAPPUZHA WARD, THIRUMALA VILLAGE THIRUVANANTHAPURAM.
BY ADV. SRI.VISHNU BHUVANENDRAN RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSCUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031.
2. SATHEESH KUMAR, AGED 32 YEARS S/O.SATHYANESAN, SATHEESH BHAVAN, SOCIETY ROAD THRIKKANNAPURAM ROAD, THIRUMALA VILLAGE THIRUVANANTHAPURAM - 695 001.
R1 BY PUBLIC PROSECUTOR SMT. S. HYMA R2 BY SRI.G.SUDHEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 904 of 2015 () APPENDIX PETITIONERS' EXHIBITS ----------------------------------- ANNEXURE A: COPY OF FIR & FIS IN CRIME NO.321/09 OF POOJAPPURA POLICE STATION FILED BEFORE ACJM COURT, THIRUVANANTHAPURAM. ANNEXURE B: COPY OF FINAL REPORT IN SC 1922/13 PENDING BEFORE THE PRINCIPAL SUB COURT/ASSISTANT SESSIONS COURT, THIRUVANANTHAPURAM.
ANNEXURE C: COPY OF AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT/DE-FACTO COMPLAINANT BEFORE NOTARY PUBLIC RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C. No.904 of 2015 --------------------------------------- Dated this the 23rd day of February, 2015
O R D E R
The petitioners herein are the accused Nos.1 to 3 in S.C. No.1922/2013 of the Principal Assistant Sessions Court, Thiruvananthapuram. 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 323,324,326 and 34 IPC on the complaint of one Saheesh Kumar, 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 counter case also stands quashed as per order in Crl.M.C.No.903/2015.
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
Crl.M.C. No.904 of 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 S.C.No.1922/2013 of the Principal Assistant Sessions Court, Thiruvananthapuram 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