Vishal Vinayalal v. State Of Kerala
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. 1759 of 2015 () --------------------------- CRIME NO. 331/2015 OF KANNUR TOWN POLICE STATION, KANNUR PETITIONER(S)/ACCUSED:
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1. VISHAL VINAYALAL AGED 25 YEARS S/O. VINAYALAL, ANANDMABRATH HOUSE, PO CHOVVA KANNUR-6
2. VAISHAKHCHATHOTH, S/O BABU, OM NIVAS, EDACHOVVA, PO CHOVVA, KANNUR-6
3. PRANEESH PREMDAS,AGED 21 YEARS S/O. PREMDAS, KAKKARAKKAL MANDEN HOUSE, KAKKAD PO KAKKAD, KANNUR
4. VISHNU PRAKASH AK, AGED 20 YEARS, S/O. PRAKASH, DWARAKA, NEAR EDACHOVVA UP SCHOOL, PO CHOVVA, KANNUR-6
5. KIRAN CV, S/O. UNNIKRISHNAN, AGED 23 YEARS RAMA NIVAS, EDACHOVVA, PO CHOVVA KANNUR-6 BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.ASHIS RESPONDENT/RESPONDENT/COMPLAINANT:
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1. STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA 682031
2. P.VIJU, S/O. SASIDHARAN, AGED 29 YEARS PULIKKAMBETH HOUSE, NR. BHAJANAKOVIL, EDACHOVVA PO CHOVVA, KANNUR-6 SMT.P.MAYA, PUBLIC PROSECUTOR R2 BY ADV. SRI.K.C.SANTHOSHKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKC
Crl.MC.No. 1759 of 2015 () --------------------------- APPENDIX PETITIONERS'' EXHIBITS ----------------------- ANNEXURE 1: CERTIFIED COPY OF THE FIR IN CRIME NO. 331 OF 2015 OF KANNUR TOWN POLICE STATION DATED 23.2.2015 ANNEXURE A2: CERTIFIED COPY OF THE FIR IN CRIME NO, 332 OF 2015 OF KANNUR TOWN POLICE STATION DATED 23.2.2015 ANNEXURE A3: AFFIDAVIT DATED 3.3.2015 SWORN BY THE 2ND RESPONDENT ANNEXURE A4: TRUE COPY OF THE IDENTITY SLIP ISSUED TO THE 2ND PETITIONER BY 110 INF BN (TA) MADRAS, KOVAI TERRIERS RESPONDENTS' EXHIBITS: NIL RKC TRUE COPY PA TO JUDGE
P.UBAID, J.
----------------------------------- Crl.M.C.No.1759 of 2015 ----------------------------------- Dated this the 1st day of April, 2015
ORDER
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.331/2015 of Kannur Town Police Station registered under Sections 143, 147, 148, 341, 323, 324, 308, 427 and 149 on the complaint of one P.Viju, S/o.Sasidharan. 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 is the 2nd 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 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
Crl.M.C.No.1759 of 2015 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.331/2015 of Kannur Town Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID, JUDGE.
rkc.