Binsu Babu v. Biju Daniel
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. 2440 of 2015 () --------------------------- IN CC 235/2010 of J.M.F.C.-I,PATHANAMTHITTA CRIME NO. 1013/2009 OF PATHANAMTHITTA POLICE STATION , PATHANAMTITTA PETITIONER(S):
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1. BINSU BABU AGED 27 YEARS S/O BABU GEORGE, VALIYAPARAMBIL HOUSE MEKKOZHOOR, MANNARAKKULANJI, MYLAPRA VILLAGE PATHANAMTHITTA DISTRICT
2. GEORGE VARGHESE, AGED 58 YEARS S/O GEORGE, THEVADATHU HOUSE, CHERADI MANNARAKULANJI, MALAYALAPPUZHA VILLAGE, PATHANAMTHITTA DISTRICT
3. SANU ALEX, AGED 25 YEARS S/O ALEX MATHEW, THEVADATHU HOUSE, NILATHIL PADI MANNARAKKULANJI, MYLAPRA VILLAGE, PATHANAMTHITTA BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT(S):
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1. BIJU DANIEL, AGED 42 YEARS, CHARUVUPURAYIDATHIL AMBAZHATHUMOTTIL PADI, MANNARAKULANJI MYLAPRA VILLAGE, PATHANAMTHITTA DISTRICT 689 645
2. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA R1 BY ADV. SRI.AJEESH K.SASI 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. 2440 of 2015 () --------------------------- APPENDIX PETIITONERS ANNEXURES:
A1:
TRUE COPY OF THE FIR IN CRIME NO.1013 OF 2009 OF PATHANAMTHITTA POLICE STATION DATED 27.10.2009 A2:
TRUE COPY OF THE FINAL REPORT IN CRIME NO.1013 OF 2009 DATED 2.5.2010 RESPONDENTS ANNEXURES: NIL /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
------------------------- Crl. M.C No.2440 of 2015 --------------------------------------- Dated this the 10th day of April, 2015.
O R D E R
The petitioners herein are the accused Nos. 1, 2 and 4 in C.C No.235 of 2010 of the Judicial First Class Magistrate Court-I, Pathanamthitta. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them and the de facto complainant. Charge against the third accused stands closed on death. Crime in this case was registered under Sections 447, 323, 324 r/w 34 of IPC on the complaint of one Biju Daniel who is the first 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. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving noncompoundable 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
Crl. M.C No.2440 of 2015 of the 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. The counter case also stands settled and quashed.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.235 of 2010 of the Judicial First Class Magistrate Court-I, Pathanamthitta 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 sab