Nellissery Rasheed @ Babu v. Riyas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 Crl.MC.No. 1409 of 2015 ------------------------- CRIME NO. 439/2014 OF KOLATHUR POLICE STATION, MALAPPURAM PETITIONERS/ACCUSED:
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1. NELLISSERY RASHEED @ BABU, AGED 32 YEARS, S/O.ABOOBACKER, NELLISSERY HOUSE, RAMAPURAM P.O, PANANGANGARA, MALAPPURAM DISTRICT.
2. MOHAMMED ASLAM @ GANI, AGED 24 YEARS, S/O.UMMER, PARAMBIL HOUSE, RAMAPURAM P.O, PANANGANGARA, MALAPPURAM DISTRICT.
3. SUNILKUMAR, AGED 28 YEARS, S/O.CHANDRAN, PALAKKAL HOUSE, PANANGANGARA-679350 MALAPPURAM DISTRICT.
4. SHEMEER BABU KAIPPACHERI, AGED 26 YEARS, S/O.MOHAMMED (LATE), MAMPRATHODI HOUSE, RAMAPURAM P.O., PANANGANGARA, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/DE-FACTO COMPLAINANT AND STATE:
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1. RIYAS, AGED 23 YEARS, S/O.ABDUL BASHEER, PALLIYALITHODI HOUSE, RAMAPURAM P.O., 679321, PUZHAKKATTIRI, MALAPPURAM DISTRICT.
2. PRASANT S/O.AYYAPPAN, VARIYAMPARAMBIL HOUSE, PUZHAKKATTIRI-679321, MALAPPURAM DISTRICT.
3. THAMEES KHAN, S/O.CHEKU, KARUVALLIPATHIKKAL HOUSE, PUZHAKKATTIRI-679321, MALAPPURAM DISTRICT.
4. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.
(IN CRIME NO.439/2014 OF KOLATHUR POLICE STATION IN MALAPPURAM DISTRICT).
R4 BY PUBLIC PROSECUTOR SMT.P.MAYA BY SRI.JITHIN LUKOSE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1409 of 2015 ------------------------- APPENDIX PETITIONERS' ANNEXURES:
------------------------- ANNEXURE-A1: COPY OF THE FIR AND FIS CRIME NO. 439/2014 OF KOLATHUR POLICE STATION.
ANNEXURE-A2: AFFIDAVIT SWORN BY THE RESPONDENTS 1 TO 3. RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.1409 of 2015 --------------------------------------- Dated this the 12th day of March, 2015 O R D E R The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.439/2014 of the Kolathur Police Station, registered under Sections 323, 324, 326 and 341 r/w 34 of the Indian Penal Code on the complaint of one Riyas. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant Riyas is the 1st respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The other persons who sustained injuries in the alleged incident are the respondents 2 and 3. The defacto complainant and the other victims have filed affidavit to the effect that they have settled the dispute with the accused and they have no grievance or complaint. 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; be it at the crime stage or at the trial stage or even at the appellate or
Crl.M.C No.1409 of 2015 revisional stage; if the parties have really settled the whole dispute, or if continuance of the prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.439/2014 of the Kolathur Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab