Azarudeen v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 Crl.MC.No. 1210 of 2015 () --------------------------- CC 2933/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,TRIVANDRUM CRIME NO. 996/2014 OF POONTHURA POLICE STATION, THIRUVANANDAPURAM DISTRICT =================== PETITIONERS/ACCUSED 1 & 2:
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1. AZARUDEEN, AGED 21 YEARS S/O.NOUSHAD, T.C.63/1007, KUZHIYIL VEEDU MAILANCHI MUKKU, PUTHEN PALLI WARD, MUTTATHARA THIRUVANANTHAPURAM
2. SHIJULAL, S/O.RAJA, AGED 29 YEARS T.C.46/927, PUTHUVAL PUTHEN VEETTIL, MANIKKAVILAGAM MUTTATHARA, THIRUVANANTHAPURAM BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENTS/STATE, DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGHT COURT OF KERALA, ERNAKULAM-682031
2. HELEN.C.SIMON, AGED 42 YEARS D/O.ELIZABETH, RESIDING AT TC.47/1174, NEW COLONY POONTHURA WARD, MUTHATHARA VILLAGE THIRUVANANTHAPURAM DISTRICT-695034 R2 BY ADV. SRI.LOWEL CHERIAN R1 BY Sr.PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1210 of 2015 () APPENDIX PETITIONERS' EXHIBITS ----------------------------------- ANNX A1CERTIFIED COPY OF THE FINAL REPORT IN CC.2933/2014 OF THE JFMC II,THIRUVANANTHAPURAM ARISING FROM CRIME NO.996/2014 OF THE POONTHURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNX A2TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.1210 of 2015 --------------------------------------- Dated this the 26th day of February, 2015
O R D E R
The petitioners herein are the accused Nos.1 and 2 in C.C.No.2933/2014 of the Judicial First Class Magistrate Court-II, Thiruvananthapuram. 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 Sections406, 420 and 34 IPC, on the complaint of one Helen C. Simon, who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused and she has no grievance or complaint now.
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 in pending proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of further proceedings will not serve any
Crl.M.C. No. 1210/2015 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 petitioners herein in C.C.No.2933/2014 of the Judicial First Class Magistrate Court-II, Thiruvananthapuram 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.
Sd/- P. UBAID, JUDGE sd