Anshad v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.UBAID WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 Crl.MC.No.2284 of 2015 --------------------------------- CC NO.420/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT.-II, ATTINGAL.
PETITIONERS/A1 TO A3:
----------------------------------- 1.
ANSHAD,AGED 20 YEARS,S/O.ABDUL RASHEED, CHIRAVILAKATHU VEEDU,THRIJYOTHIPURAM WARD, KAZHAKUTTOM VILLAGE,THIRUVANANTHAPURAM.
2.
ARSHAD,AGED 22 YEARS,S/O.ABDUL RASHEED, CHIRAVILAKATHU VEEDU,AMBALLOOR, THRIJYOTHIPURAM WARD,KAZHAKUTTOM VILLAGE, THIRUVANANTHAPURAM.
3.
NISHAD,AGED 31 YEARS,S/O.ABDUL WAHAB, AMBALLOOR PANAYIL VEEDU, ANDOORKONAM DESOM,KAZHAKUTTOM VILLAGE, THIRUVANANTHAPURAM.
BY ADV.SRI.SHAJIN S.HAMEED RESPONDENTS/STATE & CW1:
--------------------------------------------- 1.
STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM.
2.
ANSIL,S/O.FASIL,AFSAL NIVAS,NEAR ANOOR MUSLIM MOSQUE, PALLICHA VEEDU MURIYIL,PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM,PIN-695 316.
R1 BY SENIOR PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P R2 BY ADV.SRI.A.K.RAJESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
pk
Crl.MC.No.2284 of 2015 --------------------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------------------------- ANNEXURE A:CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 962/2013 OF MANGALAPURAM POLICE STATION,PENDING AS C.C.. NO.420/2014 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-II,ATTINGAL.
ANNEXURE-B:AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/CW1 RESPONDENT'S ANNEXURES:
NIL ------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk
P. UBAID, J.
--------------------------------------- Crl.M.C.No.2284 of 2015 --------------------------------------- Dated this the 8th day of April, 2015
O R D E R
The petitioners herein are the three accused in C.C.No.420/2014 of the Judicial First Class Magistrate Court-II, Attingal. 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 324, 341, 427, 447, 294(b), 506(ii) and 34 IPC, on the complaint of one Ansil, 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.
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 court, and continuance of the further prosecution will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement between the
Crl.M.C.No.2284 of 2015 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.420/2014 of the Judicial First Class Magistrate Court-II, Attingal 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. Sd/- P. UBAID, JUDGE sd