M.V.Vijesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 Crl.MC.No. 2439 of 2015 () --------------------------- CRIME NO. 194/2014 OF THRIKKAKARA POLICE STATION , ERNAKULAM PETITIONER(S):

-------------------------- M.V.VIJESH S/O VIJAYAN MOLATH HOUSE BMC P.O, COCHIN - 21 BY ADV. SRI.C.AJITH KUMAR (KALLESSERIL) RESPONDENT(S):

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

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

2. BIBIN DAS AGED 31 YEARS, S/O SADASIVAN THATTAMPARAMBIL HOUSE THOPPIL BHAGAM, THRIKKAKARA 682 030 ERNAKULAM DISTRICT R1 BY ADV. SRI.JELSON J.EDAMPADAM R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 2439 of 2015 () --------------------------- APPENDIX PETITIONERS ANNEXURES:

A1:

CERTIFIED COPY OF THE FIR IN CRIME NO.194 OF 2014 OF THRIKKAKARA POLICE STATION A2:

AFFIDAVIT SWORN BY THE 2ND RESPONDENT RESPONDENTS ANNEXURES: NIL /TRUE COPY/ PA TO JUDGE sab

P.UBAID, J.

------------------------- Crl. M.C No.2439 of 2015 --------------------------------------- Dated this the 10th day of April, 2015.

O R D E R

The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.194 of 2015 of the Thrikkakara Police Station registered under Sections 448, 506(ii), 341, 323 and 427 on the complaint of one Bibin Das. 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 Bibin Das 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. 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 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

Crl. M.C No.2439 of 2015 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.194 of 2015 of the Thrikkakara Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.

P.UBAID, JUDGE sab