James v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 Crl.MC.No. 935 of 2015 () -------------------------- CC 104/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHENGANNUR CRIME NO. 529/2009 OF CHENGANNOOR POLICE STATION , ALAPPUZHA DISTRICT =================== PETITIONERS/ACCUSED A1 TO 3:
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1. JAMES, AGED 66 YEARS S/O.JOSEPH, ELAPPARA VEEDU, PUTHENPPADY KAKKADU MURI, THAMARASSERY VILLAGE KOZHIKODU DISTRICT.
2. SUBY JAMES, AGED 29 YEARS D/O.JAMES, ELAPPARA VEEDU, PUTHENPPADY KAKKADU MURI, THAMARASSERY VILLAGE KOZHIKODU DISTRICT.
3. SHIBY JAMES, AGED 30 YEARS D/O.JAMES, ELAPPARA VEEDU, PUTHENPPADY KAKKADU MURI, THAMARASSERY VILLAGE KOZHIKODU DISTRICT.
BY ADVS.SRI.AJITH MURALI SRI.K.V.ANIL KUMAR RESPONDENTS/COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.682 031.
2. VINU YOHANNAN, AGED 38 YEARS S/O.ABRAHAM YOHANNAN PANACHIMOOTTIL PUTHEN VEEDU, PANDANADU MURI PANDANADU VILLAGE, CHENGANNUR TALUK ALAPPUZHA DISTRICT - 689 121.
R2 BY ADV. SRI.P.V.DILEEP R1 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 935 of 2015 () APPENDIX PETITIONERS' EXHIBITS ----------------------------------- ANNEXURE-A: THE PHOTO COPY OF THE COMPLAINT IN CMP NO.5655/2009 FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHENGANNUR DATED 24.6.2009 ANNEXURE-B: A CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.529/2009 OF CHENGANNUR POLICE STATION.
RESPONDENTS' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.935 of 2015 --------------------------------------- Dated this the 13th day of February, 2015
O R D E R
The petitioners are the accused Nos.1 to 3 in C.C.104/2010 of the Judicial First Class Magistrate Court, Chengannur. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the defacto complainant. Crime in this case was registered under Sections 420 and 34 IPC on the complaint of one Vinu, 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.
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 further proceedings will not serve any purpose in such a circumstance of amicable settlement. Here, I
Crl.M.C.. No. 935/2015 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.104/2010 of the Judicial First Class Magistrate Court, Chengannur, 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