P.J.Raju v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Crl.MC.No. 2404 of 2015 () --------------------------------------- AGAINST THE ORDER/JUDGMENT IN CMP 1742/2012 of J.F.CM.-I,HOSDRUG DATED CRIME NO. 59/2012 OF RAJAPURAM POLICE STATION , KASARGOD PETITIONER(S)/ACCUSED:
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1. P.J.RAJU, AGED 49 YEARS, S/O.LATE P.J.JOHN, PERUMBETTU HOUSE, PANATHUR, PANATHADY VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
2. P.J.JOY, AGED 57 YEARS, S/O.LATE P.J.JOHN, PERUMBETTU HOUSE, PANATHUR, PANATHADY VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN RESPONDENT(S)/COMPLAINANT AND STATE:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31.
2. KAMMATTAIL ANI, AGED 47 YEARS, W/O.BALAKRISHNAN NAIR, R/AT PATTUVAM, PANATHUR P.O., PANATHADY VILLAGE, VELLARIKUNDU TALUK KASARAGOD DISTRICT, PIN-671533.
R2 BY ADV. SRI.P.YADHU KUMAR R BY PUBLIC PROSECUTOR SMT. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2404 of 2015 () --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
ANNEXURE I- A TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT IN C.M.P. NO. 1742 OF 2012 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG DATED 29.02.2012. ANNEXURE II- A TRUE COPY OF THE F.I.R. DATED 01.03.2012 IN CRIME NO. 59/2012 OF RAJAPURAM POLICE STATION.
ANNEXURE III- A TRUE COPY OF THE AFFIDAVIT FILED BY 2ND RESPONDENT DATED 03.03.2015.
RESPONDENT(S)' EXHIBITS:
NIL /TRUE COPY/ P.A. TO JUDGE rkj
P.UBAID, J.
========================= Crl.M.C.No.2404 of 2015 ========================= Dated this the 28th day of July, 2015
ORDER
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.59 of 2012 of Rajapuram Police Station, Kasargod registered under Sections 417, 419, 465, 468 and read with Section 34 of the Indian Penal Code on the complaint of one Kammattail Ani. 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 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.
In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can quash prosecution; be it at the crime stage or at the trial stage or even at the appellate or revision stage; if the parties 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
Crl.M.C.No.2404 of 2015 ultimately comes before the court.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.59 of 2012 of Rajapuram Police Station, Kasargod will stand quashed under Section 482 of the Code of Criminal Procedure. Sd/- P.UBAID JUDGE rkj //TRUE COPY// P.A. TO JUDGE