Denny v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.UBAID TUESDAY, THE 5TH DAY OF MAY 2015/15TH VAISAKHA, 1937 Crl.MC.No.2681 of 2015 CC NO.127/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,KOLENCHERRY.

CRIME NO.1054/2013 OF KUNNATHUNADU POLICE STATION,ERNAKULAM. ..

PETITIONERS/ACCUSED NO'S 1-2,4-14:

1.

DENNY,AGED 31 YEARS,S/O.PAUL, PARAPURATHU HOUSE,NELLADU KARA, AIRAPURAM VILLAGE,ERNAKULAM DISTRICT.

2.

JINU,AGED 28 YEARS,S/O.PATHROSE, MOLEKUDI HOUSE,THRIKKALATHOOR KARA, AIRAPURAM VILLAGE,ERNAKULAM DISTRICT.

3.

ELIAS,AGED 46 YEARS,S/O.OUSEPH,PALLATHU HOUSE, KUNNUKURUDI KARA,AIRAPURAM VILLAGE, ERNAKULAM DISTRICT.

4.

ELDHOSE,AGED 29 YEARS,S/O.VARGHESE, VANAKUDY HOUSE,MAZHUVANNUR VILLAGE, ERNAKULAM DISTRICT.

5.

ELDHOSE,AGED 29 YEARS,S/O.MATHAI, THANIMOLAYIL HOUSE,MAZHUVANNUR VILLAGE, ERNAKULAM DISTRICT.

6.

SIJO,AGED 26 YEARS,S/O.VARGHESE, THANIMOLAYIL HOUSE,MAZHUVANNUR VILLAGE, ERNAKULAM DISTRICT.

7.

BINU,AGED 26 YEARS,S/O.SKARIYA,THANIMOLAYIL HOUSE, MAZHUVANNUR VILLAGE,ERNAKULAM DISTRICT.

8.

ELDHOSE,AGED 33 YEARS,S/O.VARGHESE, EDAPPARA HOUSE,KUNNUKURUDI KARA, AIRAPURAM VILLAGE,ERNAKULAM DISTRICT.

9.

SAJI,AGED 34 YEARS,S/O.VARTHESE, PANACHIHMUGAL HOUSE,NELLADU KARA, AIRAPURAM VILLAGE,ERNAKULAM DISTRICT.

10.

JIJO,AGED 26 YEARS,S/O.ULAHANNAN,KIZHAKKE HOUSE, THRIKKALATHOOR KARA,AIRAPURAM VILLAGE, ERNAKULAM DISTRICT.

Pto

...2...

Crl.M.C.NO.2681 of 2015 11.

BINEESH,AGED 37 YEARS,S/O.MATHAI, MOLEKUDI HOUSE,THRIKKALATHOOR KARA, AIRAPURAM VILLAGE,ERNAKULAM DISTRICT.

12.

PETER,AGED 31 YEARS,S/O.GEORGE, NELLANGAL HOUSE,NELLADU KARA, THRIKKALATHOOR KARA,AIRAPURAM VILLAGE, ERNAKULAM DISTRICT.

13.

VARGHESE,AGED 31 YEARS,S/O.GEORGE, KATTAKKAYATHU HOUSE,THRIKKALATHOOR KARA, AIRAPURAM VILLAGE,ERNAKULAM DISTRICT.

BY ADVS.SRI.K.S.ARUN KUMAR SRI.M.S.DILEEP RESPONDENTS/COMPLAINANT:

----------------------------------------------- 1.

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

2.

MATHEW,AGED 45 YEARS,S/O.VARGHESE, CHELATTU HOUSE,KUNNAKKURUDY KARA, AIRAPURAM VILLAGE,ERNAKULAM DISTRICT, PIN-685541.

R1 BY PUBLIC PROSECUTOR SRI.P.K.ABDUL RAHMAN. R2 BY ADV.SMT.RESMI THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Crl.MC.No.2681 of 2015 ---------------------------------- APPENDIX PETITIONER'S ANNEXURES:

----------------------------------------- ANNEXURE 1:CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO.1054/2013 OF KUNNATHUNADU POLICE STATION.

ANNEXURE II:COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES:

NIL ------------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

P.UBAID, J.

------------------------- Crl. M.C No.2681 of 2015 --------------------------------------- Dated this the 5th day of May, 2015.

O R D E R

The petitioners herein are the accused in C.C No.127 of 2014 of the Judicial First Class Magistrate Court-I, Kolenchery. 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, 286, 294(b), 323, 427, 506(i) r/w 34 of IPC on the complaint of one Mathew who is the second 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 prosecution in pending proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of the prosecution will not serve

Crl. M.C No.2681 of 2015 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.127 of 2014 of the Judicial First Class Magistrate Court-I, Kolenchery will stand quashed under Section 482 of the Code of Criminal Procedure. Sd/- P.UBAID, JUDGE sab