T.Anilkumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 Crl.MC.No. 999 of 2015 ------------------------ CRIME NO. 1846/2014 OF KUNDARA POLICE STATION , KOLLAM PETITIONER/ACCUSED :
------------------- T.ANILKUMAR, AGED 42 YEARS, S/O. THOMAS, BIJU BHAVAN, CHEMMAKAD P.O, PERINAD, KOLLAM DISTRICT.
BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT : ----------------------------------------------
1. STATE OF KERALA REPRESENTING SUB INSPECTOR OF POLICE KUNDARA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SALTON, AGED 48 YEARS, S/O. YESUDASAN, SUSEELA VILASAM, KUTHIRAMUNAMBIL, PADAPPAKARA, KOLLAM DISTRICT-691 503.
3. SANOOP (MINOR), AGED 15 YEARS, REPRESENTED BY HIS FATHER 2ND RESPONDENT SALTON S/O. YESUDASAN, SUSEELA VILASAM, KUTHIRAMUNAMBIL PADAPPAKARA, KOLLAM DISTRICT-691 503.
R2-R3 BY ADV. SRI.SEBY JOSEPH R1BY PUBLIC PROSECUTOR SMT.V.H.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 999 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE A1 : CERTIFIED COPY OF FIR IN CRIME NO.1846/2014 OF KUNDARA POLICE STATION.
ANNEXURE A2 : COPY OF REPORT DTD.28.8.2014 SUBMITTED BEFORE JFCM, KOLLAM.
ANNEXURE A3 : AFFIDAVIT DTD.13.1.2015 OF 2ND RESPONDENT. RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.999 of 2015 --------------------------------------- Dated this the 21st day of August, 2015
O R D E R
The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.1846/2014 of the Kundara Police Station, registered under Sections 294(b), 323 and 324 of the Indian Penal Code on the complaint of one Sanoop. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Sanoop is the 3rd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The affidavit filed by the 2nd respondent, on behalf of the 3rd respondent, shows that he has settled the whole dispute with the accused and he or his son has no grievance or complaint.
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; be it at the crime stage or at the trial stage or even at the appellate or revisional stage; if the parties have really settled the whole
Crl.M.C No.999 of 2015 dispute, or if continuance of the prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.1846/2014 of the Kundara Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab