Lijo Joseph v. Saneesh

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 Crl.MC.No. 1535 of 2015 () --------------------------- CRIME NO. 453/2014 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA DISTRICT ================== PETITIONER/ACCUSED:

----------------------------------- LIJO JOSEPH, AGED 26 YEARS S/O.GEORGE JOSEPH PUTHEN PURAYIL HOUSE AZHOOR ROAD, PATHANAMTHITTA.

BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT/RESPONDENT:

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1. SANEESH, AGED 29 YEARS S/O.SENAN, PUVELIN PUTHEN VEEDU, NANNUVAKKADU PATHANAMTHITTA VILLAGE, PATHANAMTHITTA-689645.

2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031.

R1 BY ADV. SRI.T.ANIL KUMAR R2 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1535 of 2015 () APPENDIX PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE A1: TRUE COPY OF THE FIR IN CRIME NO. 453 OF 2014 OF PATHANAMTHITTA POLICE STATION DATED 13/03/2014. RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.1535 of 2015 --------------------------------------- Dated this the 1st day of April, 2015

O R D E R

The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.453/2014 of Pathanamthitta Police Station, registered under Sections 341, 323 and 394 IPC on the complaint of one Saneesh. 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 Saneesh 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.

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 revision stage; if the parties have really settled the whole dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance

Crl.M.C.. No. 1535/2015 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.453/2014 of Pathanamthitta Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.

Sd/- P. UBAID, JUDGE sd