Praveen Kumar K.V. v. Sachin P.Raj

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 ------------------------- IN CP 51/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR CRIME NO. 357/2013 OF VALAPPATANAM POLICE STATION, KANNUR PETITIONERS/ACCUSED:

-------------------

1. PRAVEEN KUMAR K.V.

EZNOTH VALIYA VEEDU, P.O.CHIRAKKAL, KANNUR - 670 011.

2. VISHAL AZHIKODAN, CHORAN HOUSE, KADALAYITHERU, P.O.CHIRAKKAL, KANNUR - 670 011.

3. RATHEESH M, LAKSHMI NIVAS, P.O.CHIRAKKAL, KANNUR - 670 011.

4. ABISHEK.K, KOYYODAN HOUSE, P.O.CHIRAKKAL, KANNUR - 670 011.

5. PRASOJ.C, CHOVAN HOUSE, KADALAYI THERU, P.O.CHIRAKKAL KANNUR - 670 011.

*ADDL. 6TH PETITIONER AKHIL LOHITHAKSHAN V.V, S/O.LOHITHAKSHAN, RESIDING AT RAILWAY QUARTERS, CHIRAKKAL, P.O.CHIRAKKAL, KANNUR DISTRICT.

* IMPLEADED AS PER ORDER DATED 20.3.2015 IN CRL.M.A NO.2196/2015 BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS/DE-FACTO COMPLAINANT, INJURED & STATE: --------------------------------------------------

1. SACHIN P.RAJ, AGED 26 YEARS, S/O.PREMARAJAN, RESIDING AT MADHAVI HOUSE, CHIRAKKAL P.O., KANNUR DISTRICT.

2. ROSHAN K, AGED 33 YEARS, S/O.SADANANDAN, RESIDING AT SREE LAKSHMI HOUSE, CHIRAKKAL P.O., KANNUR DISTRICT - 670 011.

..2

: 2 :

3. STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

R1-R2 BY ADV. D.N.NISHANI R3 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

----------------------- APPENDIX PETITIONERS' ANNEXURES:

----------------------- ANNEXURE I: THE COPY OF THE CHARGE SHEET ISSUED TO THE ACCUSED IN CRIME NO. 357/2013 OF VALAPATTANAM POLICE STATION, KANNUR DISTRICT.

ANNEXURE II: AFFIDAVIT SWEARED BY 1ST RESPONDENT DATED 22/01/2014.

ANNEXURE III: AFFIDAVIT SWEARED BY 2ND RESPONDENT DATED 22/01/2015.

RESPONDENTS' ANNEXURES:

----------------------- NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- --------------------------------------- Dated this the 27th day of March, 2015 O R D E R The petitioners herein are the six accused in C.P No.51/2014 of the Judicial First Class Magistrate Court II, Kannur. 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, 341, 323, 324, 308 and 506(2) r/w 149 of the Indian Penal Code on the complaint of one Sachin P.Raj who is the 1st 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. It is submitted that the case now stands committed to the Court of Session, Kannur.

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. I find that Section 308 IPC was incorporated by the police on the basis of some hypothetical statement. 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.P No.51/2014 of the Judicial First Class Magistrate Court II, Kannur 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 ab