Viju 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. 1796 of 2015 () --------------------------- CRIME NO. 332/2015 OF KANNUR TOWN POLICE STATION, KANNUR PETITIONERS/ACCUSED:
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1. VIJU AGED 29 YEARS S/O. SASEENDRAN, PULIKKAMBETH HOUSE, P.O. CHOVVA KANNUR - 670 006.
2. ASRITH ANANDH,AGED 25 YEARS S/O. PRABHANANDH, THUSHARA, ONDENPARAMBA KANNUR - 670 002.
3. ANEK T.K., AGED 19 YEARS S/O. SAHADEVAN, KAKKIRIKKAN HOUSE, ELAYOOR KANNUR - 670 006.
4. SOURABH K., AGED 21 YEARS S/O. LAKSHMANAN K., KUNNIRIKKAL HOUSE, P.O. CHOVVA EDACHOVVA, KANNUR - 670 006.
5. LALUPRASAD K.P.,AGED 19 YEARS S/O. LATE SHIVANANDHAN, SHAGIL NIVAS, P.O. CHOVVA KANNUR -670 006.
6. JIBESH R, AGED 29 YEARS S/O. GOPALAN, NARANGOLI HOUSE, EDACHOVVA CHOVVA P.O., KANNUR - 670 006.
BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. KIRAN,AGED 23 YEARS S/O. UNNIKRISHNAN, REMA NIVAS, EDACHOVVA P.O. CHOVVA, KANNUR - 670 006.
3. RAHUL P., AGED 26 YEARS S/O. AJITH, SANKRANTHI HOUSE, P.O. CIVIL STATION KANNUR- 670 002.
SMT.S.HYMA, PUBLIC PROSECUTOR R2&3 BY ADV. SRI.K.ASHIS 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. 1796 of 2015 APPENDIX PETITIONERS' EXHIBITS ANNEUXRE I TRUE COPY OF F.I.STATEMENT IN CRIME NO.332/15 OF KANNUR TOWN POLICE STATION.
ANNEXURE II THE SWORN AFFIDAVIT SIGNED BY R2 AND R3. RESPONDENTS' EXHIBITS:NIL RKC TRUE COPY PA TO JUDGE
P.UBAID, J.
----------------------------------- Crl.M.C.No.1796 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.332/2015 of Kannur Town Police Station registered under Sections 143, 147, 148, 341, 323, 324, 308 r/w 149 IPC on the complaint of one Kiran, S/o.Unnikrishnan. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainants out of court. The de facto complainant is the 1st respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The other victim of offence who sustained injuries is the respondent No.3. Respondents 2 and 3 have filed affidavit to the effect that they have settled the whole 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 revision stage; if the parties
Crl.M.C.No.1796 of 2015 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 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.332/2015 of Kannur Town Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID, JUDGE.
rkc.