High Court of KeralaCrl.MC/1870/2015allowed

Susan Thomas v. State Of Kerala

2015-07-13Honourable Mr. Justice P.Ubaid5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 ----------------------- CRIME NO.970/2013 OF THIRUVALLA POLICE STATION, PATHANAMTITTA PETITIONER:

-----------

1. SUSAN THOMAS, AGED 49 YEARS, W/O. LATE THOMAS VARGHESE, RESIDING AT AENCHERIL THOMAS VILLA, KIZHAKKUMMURI, KAVUMBHAGOM P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689 101.

2. LIGI ABRAHAM, TAHSILDAR, THIRUVALLA TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA DISTRICT, NOW RESIDING AT MOOTHEDATHUCHETTUKANDATHI HOUSE, ERAVIPEROOR P.O, THIRUVALLA, PATHANAMTHITTA, PIN -689 645.

3. MANOJKUMAR, VILLAGE OFFICER, VILLAGE OFFICE KAVUMBHAGOM, THIRUVALLA, RESIDING AT MANJIMMA, PERINGARA P.O, PERINGARA VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 645.

4. R.JAYAKUMAR, AGED 44 YEARS, S/O.K.R.C PANICKER, RESIDING AT JAYA VIHAR KIZHAKKUMMURI, KAVUMBHAGOM P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101.

5. VINODKUMAR, AGED 49 YEARS, CHUTTIYIL HOUSE, KIZHAKKUMMURI, KAVUMBHAGOM P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101 BY ADVS.SRI.K.N.RADHAKRISHNAN(THIRUVALLA) SRI.RAVI KRISHNAN RESPONDENTS:

------------

1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

....2

: 2 :

SOSAMMA VARGHESE, AGED 89 YEARS, W/O.GEEVARGHESE, ALENCHERIL HOUSE, KIZHAKKUMMURI, KAVUMBHAGOM P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101 3.

GEORGE VARGHESE, S/O.GEEVARGHESE, ALENCHERIL HOUSE, KIZHAKKUMMURI, KAVUMBHAGOM P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101 4.

SARAMMA PHILIP, AGED 71 YEARS, D/O.GEEVARGHESE, ALENCHERIL HOUSE, KIZHAKKUMMURI, KAVUMBHAGOM P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101 R1 BY PUBLIC PROSECUTOR SMT.S.HYMA R2 TO R4 BY SRI.RAVI KRISHNAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX PETITIONERS' ANNEXURES:

ANNEXURE A1: COPY OF THE FIR IN CRIME NO.970/2013 OF THIRUVALLA POLICE STATION.

ANNEXURE A2: AFFIDAVIT OF THE 2ND RESPONDENT. ANNEXURE A3: AFFIDAVIT OF THE 3RD RESPONDENT. ANNEXURE A4: AFFIDAVIT OF THE 4TH RESPONDENT RESPONDENTS' ANNEXURES:

NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- Crl.M.C No.1870 of 2015 --------------------------------------- Dated this the 13th day of July, 2015

O R D E R

The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.970/2013 of the Thiruvalla Police Station, registered under Sections 465, 467, 468, 120(B) and 420 r/w 34 of the Indian Penal Code on the complaint of one Sosamma Varghese. 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 Sosamma Varghese is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint 2.

The other victims of offence in the case are the respondents 3 and 4 in this proceeding. They have also filed affidavit to the effect that they have settled the dispute with the accused, and they have no grievance or complaint now.

Crl.M.C No.1870 of 2015 3.

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 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.970/2013 of the Thiruvalla Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.

P.UBAID JUDGE ab