C.P.Abdurahiman v. A.S.I. Of Police,Central Police Station, Kochi
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. 1190 of 2015 () --------------------------- IN LPC 242/2011 of JUDL.M.F.C.-I,ERNAKULAM CRIME NO. 476/2004 OF ERNAKULAM CENTRAL POLICE STATION , ERNAKULAM PETITIONER(S):
-------------------------- C.P.ABDURAHIMAN AGED 44 YEARS S/O.LATE C.P.MOHAMMED, THOUFEEQ MANZIL NEAR RAILWAY STATION, PARAPPANANGADI P.O MALAPPURAM DISTRICT BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S):
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1. A.S.I. OF POLICE,CENTRAL POLICE STATION, KOCHI THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PIN 682001
2. UNNIKRISHNAN S/O.VISWANATHA MENON, VRINDAVANAM, CHERUVARATHIL ROAD PALLIYAKKAVU, TRIPUNITHURA, ERNAKULAM PIN 682001 R2 BY ADV. SRI.GOKUL DAS V.V.H.
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. 1190 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A:CERTIFIED COPY OF THE FIR IN CRIME NO.467/2004 REGISTERED BY THE 1ST RESPONDENT ANNEXURE B:CERTIFIED COPY OF THE CHARGE SHEET/FINAL REPORT DATED 13.07.2004 IN CRIME NO.476/2004 SUBMITTED BEFORE THE JFCM COURT, ERNAKULAM ANNEXURE C:TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT DATED 16.02.2015 RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
------------------------- Crl. M.C No.1190 of 2015 --------------------------------------- Dated this the 25th day of February, 2015.
O R D E R
The petitioner herein is the accused in Crime No.476 of 2004 of Kochi Central Police Station. His case now stands transferred to the register of long pending cases as L.P No.242 of 2011 before the Judicial First Class Magistrate Court II, Ernakulam. 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 507 IPC on the complaint of one Unnikrishnan 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
Crl. M.C No.1190 of 2015 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. 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/petitioners herein in L.P No.242 of 2011 of the Judicial First Class Magistrate's Court, Ernakulam will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution.
P.UBAID, JUDGE sab