← Library
High Court of KeralaCrl.MC/3806/2015disposed of

Shiju v. State Of Kerala

2015-06-24Honourable Mr. Justice Alexander Thomas5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Crl.MC.No. 3806 of 2015 () --------------------------- ST. NO.1807/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, PALAKKAD. .....

PETITIONER(S):

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

1. SHIJU, S/O.RAMAKRISHNAN, AGED 20 YEARS, PARAKATH HOUSE, OLASSERI P.O., KOTAMBU, PALAKKAD, PIN-678 551.

2. NIDHIN, S/O.ACHUTHAN, AGED 20 YEARS, PALAPARA HOUSE, ETTANUR P.O., PALAKKAD, PIN-678 502.

3. GARNISH, S/O.RADHAKRISHNAN, AGED 20 YEARS, KALLILAMPULLI HOUSE, KOTAMBU P.O., PALAKKAD, PIN-678 551.

4. GODWIN ABRAHAM, S/O.M.T.ABRAHAM, AGED 20 YEARS, MULLAKAATTIL HOUSE, VATTAMANNAPURAM P.O., EDATHANTTUKARA, PALAKKAD, PIN-678 601.

BY ADVS.SRI.RAVI KRISHNAN, SRI.RAHUL SHENOY.

RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (ST NO.1807/2014 OF THE JFCM COURT NO.III, PALAKKAD).

2. SUJEESH, S/O.MOHANAN, MOOLLATH PARAMBIL, MANIKKASSERI, KONGAD, PALAKKAD, PIN-678 631.

R1 BY PUBLIC PROSECUTOR SMT.S. HYMA.

R2 BY ADV. SRI.S.SREENATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Crl.MC.No. 3806 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE 1 :

CERTIFIED COPY OF THE FINAL REPORT IN ST.NO.1807/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, PALAKKAD.

ANNEXURE 2 :

AFFIDAVIT SWORN BY THE 2ND RESPONDENT STATING THAT SHE HAS NO OBJECTION IN QUASHING THE ENTIRE PROCEEDINGS PURSUANT ST NO.1807/2014 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.III, PALAKKAD.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 3806 of 2015 ================== Dated this the 24th day of June, 2015

O R D E R

The petitioners herein are accused Nos.1 to 4 in the impugned Crime No.335/2014 of Malampuzha Police Station, registered for offences punishable under Secs.341, 323 read with Sec.34 of the I.P.C, which has led to the institution of S.T.No.1807/2014 on the file of the Judicial First Class Magistrate's Court-III, Palakkad. It is stated that now the entire disputes between the petitioners and 2nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx.2 affidavit before this Court, wherein it is stated that he has settled the entire disputes with the petitioners and that he has no objection for quashment of the impugned criminal proceedings pending against the petitioners. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against them.

2.

In a catena of decisions, the Apex Court has held that, in

Crl.M.C.3806/15 - : 2 :- appropriate cases involving even non-compoundable offences, the High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if the continuance of the prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of the 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.

On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment. Accordingly, it is ordered in the interest of justice that the impugned Crime No.335/2014 of Malampuzha Police Station, which has led to the institution of S.T.No.

Crl.M.C.3806/15 - : 3 :- Class Magistrate's Court-III, Palakkad and all further proceedings arising therefrom pending against the petitioners stand quashed. With these observations and directions this Crl.M.C. stands finally disposed of.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge