Sandeep K.R v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 Crl.MC.No. 2008 of 2015 () --------------------------- CC 1114/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA CRIME NO. 311/2011 OF THRIKKAKARA POLICE STATION, ERNAKULAM DISTRICT =============== PETITIONERS/ACCUSED:
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1. SANDEEP K.R., AGED 25 YEARS S/O. RAMACHANDRAN, RESIDING KUNDDOR-PUTHEN VEEDU, JRA 87B JANATHA JN, MANJUMMAL -683501
2. AKHIL JOSEPH, AGED 25 YEARS S/O. LATE CHOURI, RESIDING ELAVUNKAL HOUSE, ELAMAKKARA P.O.
KOCHI - 6682026 BY ADV. SRI.V.JOHN MANI RESPONDENT/STATE & DEFACTO COMPLAINANT (SOLE INJURED): ------------------------------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN-682031
2. SHABIN, S/O. KAREEM, AGED 23 YEARS, RESIDING AT LIG-355, GANDHI NAGAR, ELAMKULAM VILLAGE KADAVANTHRA, KOCHI, PIN-682016
3. SHAHABHAS, S/O. SNEHAJAN, AGED 23 YEARS RESIDING AT MEKATU HOUSE, NEAR CUSAT, THRIKAKARA NORTH, KALAMASSERY, ERNAKULAM DISTRICT, PIN-682025
4. ADEEP, S/O. HAMSA, AGED 23, RESIDING AT KARIVELI THUNDIL HOUSE, NEAR LISSIE HOSPITAL, ELEMKULAM VILLAGE ERNAKULAM, PIN- 682018
5. SEESON, S/O. THOMAS, AGED 23 YEARS, THAIPARAMBIL HOUSE VADAKADU KARA, THRIKAKARA NORTH VILLAGE ERNAKULAM, PIN-682630
6. JOSEPH, S/O. ANTONY, RESIDING AT VILAKITHARA HOUSE AZAD ROAD, KATHRIKADAVU KARA, ELAMKULAM VILLAGE ERNAKULAM, PIN - 682020 R2 -R 6 BY ADV. SRI.P.M.ZIRAJ R1 BY Sr.PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C. NO.2008/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A1 COPY OF THE FIRST INFORMATION REPORT DATED 1.02.2011 IN CRIME NO.311/2011 THRIKKAKARA POLICE STATION ANNEXURE A2 COPY OF THE CHARGE DAED 26.02.2011 IN C.C.NO.1114/2011 (CRIME NO.311/2011) ANNEXUR A3 COPY OF THE FIRST INFORMATION REPORT DATED 11.02.2011 IN CIRME 310/2011 OF THE THRIKKAKARA POLICE STATION RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.2008 of 2015 --------------------------------------- Dated this the 27th day of March, 2015
O R D E R
The petitioners herein are the accused in C.C.No.1114/2011 of the Judicial First Class Magistrate Court-I, Aluva. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Crime in this case was registered under Sections 323, 324, 325 and 34 IPC on the complaint of one Shabin, who 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 now. The other persons who sustained injuries in the alleged incident are the respondent Nos.3 to 6 in this proceeding. They have also filed affidavit to the effect that they have settled the whole dispute with the accused and they have no grievance or complaint now.
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 in pending proceedings, if the parties have really settled the whole dispute amicably out of
Crl.M.C.No.2008 of 2015 court, and continuance of further proceedings will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement between the parties. This is not a case involving any public interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides, and I am satisfied that the parties are now on quite cordial terms. In such a situation, continuance of the prosecution will not serve any purpose other than wasting the precious time of the court. No doubt, nobody will support the prosecution in such a situation, if the case goes to trial.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C.No.1114/2011 of the Judicial First Class Magistrate Court-I, Aluva will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution and the bail bond, if any, executed by them will stand discharged. The counter case also stands quashed.
Sd/- P. UBAID, JUDGE sd