Lalu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 Crl.MC.No. 3039 of 2015 () --------------------------- AGAINST SC 1650/2011 of ASSISTANT SESSIONS COURT,KOLLAM PETITIONER(S)/ACCUSED 1-6:
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1. LALU AGED 27 YEARS S/O.SURENDRAN, VADAKKE PULIMOODU VEEDU VENPALAKKARA NAGAR, THAZHATHU CHERRY MAYYANADU VILLAGE, KOLLAM DISTRICT.
2. MAHIN AGED 27 YEARS S/O.MUHAMMED KUNJU, KOCHADATHU VADAKKATHIL VEEDU THEKKEVILA CHERRY, MUNDAKKAL VILLAGE NOW RESIDING AT NEAR VALATHUNGAL CHAPPATHU KOLLAM DISTRICT.
3. MURUKAN AGED 25 YEARS S/O.KESAVAN, SABU MANDIRAM-57 PADINJARE VENPALAKKARA NAGAR, ARATTUKULAM THAZHATTU CHERRY, MAYYANADU VILLAGE.
4. SHAMNAD AGED 23 YEARS S/O.NUJUMUDEEN, SHAMNAD MANZIL WEST OF KUTTIKADA KAVITHA THEATRE VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE KOLLAM DISTRICT.
5. PRASANTH AGED 24 YEARS S/O.PRASAD, PRASANTH BHAVAN, NO.46 PADINJARE VENPALAKKARA NAGAR, ARATTUKULAM THAZHATTU CHERRY, MAYYANADU VILLAGE, KOLLAM.
6. SYAM AGED 23 YEARS S/O.PRAHALADAN, SYAM NIVAS, NEAR KUTTIKADA THAZHATTU CHERRY, MAYYANADU VILLAGE.
BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE ERAVIPURAM POLICE STATION, KOLLAM DISTRICT-691001.
Crl.MC.No. 3039 of 2015 -2-
3. SHAMNAD S/O.SHARAFUDEEN, THATTANATH KIZHAKKATHIL TAZHATHU CHERRY, MAYYANADU VILLAGE KOLLAM DISTRICT-691001.
R3 BY ADV. SMT.S.S.SAILAKSHMI R1 & R2 BY PUBLIC PROSECUTOR SMT.V.H.JASMINE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31-072015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3039 of 2015 APPENDIX PETITIONERS EXHIBITS:
ANNEXURE A1:
COPY OF THE CHARGE IN S.C. NO.1650/2011 BEFORE THE ASSISTANT SESSIONS COURT, KOLLAM.
ANNEXURE A2:
TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND 3RD RESPONDENT ANNEXURE A3:
TRUE COPY OF THE DEATH CERTIFICATE OF THE DE FACTO COMPLAINANT, MANIAMMA IN THE CASE RESPONDENTS EXHIBITS:
---------------------------- /TRUE COPY/ P.S TO JUDGE
P.UBAID, J.
~~~~~~~~~~ ~~~~~~~~~~~ Dated this the 31st July, 2015
O R D E R
The petitioners herein are the six accused in S.C No.1650 of 2011 of the Assistant Sessions Court, Kollam. 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, 341, 294 (b),506 (ii), 354, 324 and 308 read with 149 of Indian Penal Code on the complaint of one Shamnad, who is the 3rd 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 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 of the 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 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. On a perusal of the materials, including the complaint, I find nothing definite to attract Section 308 I.P.C. There is reason to believe that the said Section was incorporated in the proceedings by the Police on the basis of some hypothetical statement. This is only a case of assault. Anyway, the parties have now come to terms and now they are on quite cordial terms.
In the result, this petition is allowed. The prosecution against the petitioners herein in S.C No.1650 of 2011 of the Assistant Sessions Court, Kollam 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 ma /True copy/ P.S to Judge