Nahas v. State Of Kerala
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 Crl.MC.No. 1182 of 2015 () --------------------------- IN CC 1414/2014 of J.M.F.C.-II, ATTINGAL PETITIONER(S)/A1 TO A5:
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1. NAHAS, S/O.ABDUL MAJEED, AGED 27 YEARS NAZEEMA MANZIL, ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.
2. NASIF, S/O.ABDUL MAJEED AGED 23 YEARS NAZEEMA MANZIL, ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.
3. MIDU, S/O.JAYAKUMAR AGED 19 YEARS MIDUN BHAVAN, NEAR PANIMOOLA TEMPLE PANIMOOLA DESOM ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.
4. ANANTHU, S/O.GEETHU AGED 19 YEARS LAKSHOM VEEDU, ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.
5. SHEBIN, S/O.ABU SALI AGED 24 YEARS AYANI VEEDU, ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED 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. SHERSHAH, S/O.SHIBILI, AGED 24 YEARS LAKSHOM VEEDU, ANDOORKONAM DESOM, ANDOORKONAM VILLAGE THIRUVANANTHAPURAM-695 125 R2 BY ADV. SRI.A.K.RAJESH 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:
Crl.MC.No. 1182 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNX.A - CERTIFIED COPY OF THE FIR IN CRIME NO.1054/2013 OF MANGALAPURAM POLICE STATION ANNX.B - CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1054/2013 OF MANGALAPURAM POLICE STATION ANNX.C - AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
------------------------- Crl. M.C No.1182 of 2015 --------------------------------------- Dated this the 25th day of February, 2015.
O R D E R
The petitioners herein are the five accused in C.C No.1414 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, 148, 323, 324 r/w 149 of IPC on the complaint of one Shershah 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
Crl. M.C No.1182 of 2015 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 C.C No.1414 of 2014 of the Judicial First Class Magistrate's 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