High Court of KeralaCrl.MC/1177/2015allowed

Shershah v. State Of Kerala

2015-02-25Honourable Mr. Justice P.Ubaid5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 IN CC 1415/2014 of J.M.F.C.-II,ATTINGAL CRIME NO. 1053/2013 OF MANGALAPURAM POLICE STATION PETITIONER(S)/A1 TO A7:

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1. SHERSHAH AGED 24 YEARS S/O.SHIBILI, H.NO.47, LAKSHOM VEEDU ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.

2. HARI @ SUNDARAN AGED 19 YEARS S/O.RAVEENDRAN, MADATHUMOOLA VEEDU, ANDOORKONAM DESOM ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM.

3. HARISH KUMAR AGED 20 YEARS S/O.RAVEENDRAN NAIR, MADATHUMOOLA VEEDU ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.

4. SANTHOSH @ LALU, S/O.GIREESHAN AGED 24 YEARS S.I.BHAVAN, ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.

5. LIJIN, S/O.SHAMSUDHEEN AGED 28 YEARS MELE CHERU NELLIVEEDU, ANDOORKONAM DESOM ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM.

6. VIJAYAKUMAR AGED 39 YEARS S/O.VASUDEVAN, VISHAKOM VEEDU, ANDOORKONAM DESOM ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM.

7. THAHA, S/O.NASEER AGED 30 YEARS THAHIRA MANZIL, ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.

BY ADV. SRI.A.K.RAJESH

RESPONDENT(S)/STATE & CW1:

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1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE MANGALAPURAM POLICE STATION REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM.

2. MIDUN, S/O.JAYAKUMAR, AGED 19 YEARS RESIDING NEAR ANDOORKONAM MARKET HOUSE OF SHIHABUDHEEN FROM MIDUN BHAVAN NEAR PANIMOOLA TEMPLE, PANIMOOLA DESOM ANDOORKONAM VILLAGE, THIRUVANANTHAPURAM- 695 125. R2 BY ADV. SRI.SHAJIN S.HAMEED R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNX.A - CERTIFIED COPY OF THE FIR IN CRIME NO.1053/2013 OF MANGALAPURAM POLICE STATION.

ANNX.B - CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1053/2013 OF MANGALAPURAM POLICE STATION.

ANN.C - AFFIDAVIT EXECUTED BY THE 2N RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- Crl. M.C No.1177 of 2015 --------------------------------------- Dated this the 25th day of February, 2015.

O R D E R

The petitioners herein are the seven accused in C.C No.1415 of 2014 of the Judicial First Class Magistrate Court-II, Attingal. 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, 294(b), 323, 324, 341, 506 (i) r/w 149 of IPC on the complaint of one Midun who is the second 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. 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 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.

Crl. M.C No.1177 of 2015 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.1415 of 2014 of the Judicial First Class Magistrate Court-II, Attingal 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.

P.UBAID, JUDGE sab