Showkathali v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 Crl.MC.No. 1352 of 2015 () --------------------------- AGAINST CC 34/2015 of J.M.F.C.-I, PERINTHALMANNA CRIME NO. 729/2014 OF PERINTHALMANNA POLICE STATION , MALAPPURAM PETITIONER/ACCUSED:

-------------------------- SHOWKATHALI AGED 44 YEARS S/O.MOHAMMED, VARANGODAN HOUSE NEAR GOVT.HOSPITAL PERINTHALMANNA MALAPPURAM DISTRICT BY ADV. SRI.P.SAMSUDIN RESPONDENTS/STATE AND VICTIM:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682 031 (CRIME NO 729/2014 OF PERINTHALMANNA POLICE STATION IN MALAPPURAM DISTRICT)

2. MOHAMMEDKUTTY K.C @ KUNJUTTY,S/O.MOHAMMED,KALANCHEKARATH HOUSE, PATTITHARA 679 543,PATTAMBI,PALAKKAD DISTRICT, AGED 44 YEARS R2 BY ADV. SRI.JITHIN LUKOSE R1 BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1352 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO 729/2014 OF PERINTHALMANNA POLICE STATION ANNEXURE A2 TRUE COPY OF THE SEARCH LIST IN CRIME NO 729/14 OF PERINTHALMANNA POLICE STATION ANNEXURE A3 TRUE COPY OF THE FINAL REPORT AND MEMORANDUM OF EVIDENCE IN CRIME NO 729/2014 OF PERINTHALMANNA POLICE STATION ANNEXURE A4 AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS ------------------------------- /TRUE COPY/ P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No.1352 of 2015 ~~~~~~~~~~~ Dated this the 19th March, 2015

O R D E R

The petitioner herein is the accused in C.C No.34 of 2015 of the Judicial First Class Magistrate Court-I, Perinthalmanna. 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 3 and 7 read with Section 17 of the Kerala Money Lenders Act on the complaint of one Sunilkumar. The victim of offence in the case is the second respondent in this proceeding. 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.

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 the

Crl.M.C No.1352 of 2015 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. 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 herein in C.C No.34 of 2015 of the Judicial First Class Magistrate's Court-I, Perinthalmanna will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution and the bail bond, if any, executed by him will stand discharged.

SD/- P.UBAID JUDGE ma /True copy/ P.S to Judge