Rathesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 --------------------------- CC 815/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NEYYATTINKARA CRIME NO. 106/2007 OF KANJIRAMKULAM POLICE STATION, THIRUVANANDAPURAM ----------------------------- PETITIONERS/1TO 4 ACCUSED :
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1. RATHESH, S/O. RAJIN URKAKKINNATTIE PURAYIDAM KOCHUTHURA KARUMKULAM, TRIVANDRUM .
2. SALU S/O. ANDREWS URKINNATTIE PURADUIM, KOCHUTHARA KARUMKULAM, TRIVANDRUM
3. ANDREWS S/O. ANTHAPPAN, URKINNATTIE PURADUIM KOCHUTHURA KARUMKULAM, TRIVANDRUM .
4. EDISON S/O. ANTHAPPAN, URKINNATTIE PURADUM KOCHUTHURA KARUMKULAM, TRIVANDRUM .
5. MARIA D/O. PUSHAROSE, URKINNATTIE PURADUIM KOCHUTHURA KARUMKULAM, TRIVANDRUM .
6. ELIZABETH URKINNATTIE PURADIUM, THOOTAPUREDUM KARUMKULAM TRIVANDRUM.
BY ADV. SRI.M.R.SARIN RESPONDENTS/COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. SHAJI , AGED 30 YEARS, S/O. GEORGE THEKKAKKARA THALATHOOPU KOCHUTHURA KARUMKULAM THIRUVANANTHAPURAM-695 001.
3. TONY, AGED 31 YEARS S/O. JOSEPH GEORGE THALATHOOPU KOCHUTHURA KARUMKULAM THIRUVANANTHAPURAM-695 001.
R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. R2 BY ADV. SRI.AJAYA KUMAR. G THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
--------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1 :
CERTIFIED COPY OF THE FIR NO.106/07 OF KANJIRAMKULAM POLICE STATION.
ANNEXURE A2 :
CERTIFIED COPYP OF THE FINAL REPORT IN CC NO.815/07 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEYYATTINKARA.
ANNEXURE A3 :
AFFIDAVIT SIGNED BY THE 2ND RESPONDENT.
ANNEXURE A4 :
AFFIDAVIT SIGNED BY THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS :
NIL.
--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp
P. UBAID, J.
--------------------------------------- Crl.M.C.No.2084 of 2015 --------------------------------------- Dated this the 30th day of March, 2015
O R D E R
The petitioners herein are the four accused in C.C. No.815/2007 of the Judicial First Class Magistrate Court-III, Neyyattinkara. 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 143, 147, 148, 149, 323 and 324 IPC on the complaint of one Shaji, 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 person who sustained injuries in the alleged incident is the 3rd respondent in this proceeding. He has also filed affidavit to the effect that he has settled the whole dispute with the accused, and he has 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
Crl.M.C.. No. 2084/2015 the parties have really settled the whole dispute amicably out of 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.815/2007 of the Judicial First Class Magistrate Court-III, Neyyattinkara will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution. Sd/- P. UBAID, JUDGE sd