Firose Meeran v. Shafiq
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 Crl.MC.No. 1055 of 2015 () --------------------------- AGAINST CC 467/2014 of J.M.F.C.-I,PATHANAMTHITTA CRIME NO. 1648/2013 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA PETITIONER(S)/ACCUSED:
------------------------------ FIROSE MEERAN, AGED 29 YEARS, S/O.CHINNA, MEERAN, MELEVEEDU VALANCHUZHI, PATHANAMTHITTA.
BY ADV. SMT.NIMA JACOB RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
----------------------------------------------------------
1. SHAFIQ,AGED 23 YEARS, S/O.JAMALUDDIN, KOIKKALMELETHIL, VALANCHUZHI PATHANAMTHITTA.
2. SHAN JAMAL, AGED 28 YEARS, S/O.JAMALUDDIN, KOIKKALMELETHIL, VALANCHUZHI PATHANAMTHITTA.
3. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R1 & 2 BY ADV. SRI.V.K.SUNIL R3 BY PUBLIC PROSECUTOR SMT.SAREENA GEORFGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1055 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------ ANNEXURE 1: TRUE COPY OF THE F.I.R IN CRIME NO. 1648/13 OF PATHANAMTHITTA POLICE STATION.
ANNEXURE II: TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1648/13 OF PATHANAMTHITTA POLICE STATION.
ANNEXURE III: TRUE COPY OF THE WOUND CERTIFICATE OF THE PETITIONER. ANNEXURE IV: TRUE COPY OF THE WOUND CERTIFICATE OF THE 1ST RESPONDENT.
ANNEXURE V: TRUE COPY OF THE WOUND CERTIFICATE OF THE 2ND RESPONDENT.
ANNEXURE VI: AFFIDAVIT OF THE 1ST RESPONDENT ATTESTED BY POLICE NOTARY.
ANNEXURE VII: AFFIDAVIT OF THE 2ND RESPONDENT ATTESTED BY PUBLIC NOTARY.
RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ ~~~~~~~~~~~ Dated this the 20th February, 2015
O R D E R
The petitioner herein is the sole accused in C.C No.467 of 2014 of the Judicial First Class Magistrate's Court, Pathanamthitta. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 323 and 324 of Indian Penal Code on the complaint of one Shafiq, who is the st 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.
The other person, who sustained injuries in the alleged incident is the 2nd 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.
3.
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 the prosecution 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 petitioner herein in C.C No.467 of 2014 of the Judicial First Class Magistrate's Court, Pathanamthitta will stand quashed under Section 482 of the Code of Criminal
Procedure. Accordingly, the petitioner will stand released from prosecution.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge