Pradosh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937 Crl.M.C.No. 3902 of 2015 ------------------------ IN S.C NO. 1317/2008 SESSIONS COURT,THRISSUR CRIME NO. 794/2001 OF IRINJALAKUDA POLICE STATION, TRISSUR PETITIONER/2ND ACCUSED:
----------------------- PRADOSH, AGED 42 YEARS, S/O.SEKHARAN, PURAYATTUPARAMBIL HOUSE, PUTHENTHODE, KARUVANNUR, PORATHUSSERY VILLAGE, THRISSUR DISTRCT BY ADVS.SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR RESPONDENTS/STATE & DEFACTO COMPLAINANT & VICTIM: -------------------------------------------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
2. VIJAYANATHAN, S/O.ITTAMAN, KATHANAPARAMBIL HOUSE, ETTUMUNA, KARUVANNUR, THRISSUR 680711
3. LAKSHMI, AGED 31 YEARS, D/O.SUMITHRAN, KATHANAPARAMBIL HOUSE, ETTUMANA, KARUVANNUR, THRISSUR 680711 R2-R3 BY ADV. SRI.M.REVIKRISHNAN R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3902 of 2015 ------------------------ APPENDIX PETITIONER'S ANNEXURES ----------------------- ANNEXURUE A: COPY OF THE FIR IN CRIME NO.794/2001 IRINJALAKKUDA POLICE STAION ANNEXURE B: COPY OF THE CRIME NO.794/2001 IRINJALAKKUDA POLICE STATION ANNEXURE C:AFFIDAVIT SWORN BY THE 2ND RESPONDNET ANNEXURE D:AFFIDAVIT SWORN BY THE 3RD RESPONDENT RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.3902 of 2015 --------------------------------------- Dated this the 14th day of July, 2015
O R D E R
The petitioner herein is the 2nd respondent in S.C No.1317/2008 of the Court of Session, Thrissur. He seeks orders quashing the prosecution as against him under Section 482 of the Code of Criminal Procedure. Crime in the said case was registered on the complaint of one Vijayanathan. After investigation the police submitted final report against two accused under Sections 366(A) and 376 r/w 511 of the Indian Penal Code. The victim of offence in this case is the daughter of the complainant's brother. Now the victim has come to terms with the petitioner herein and she has also filed affidavit to that effect. In the first information statement in this case there is no allegation against the petitioner herein. The allegation of attempted rape is seen made only against the 1st accused. It appears that the police submitted final report against the petitioner herein because he had also accompanied the 1st accused. Any way the victim and the 2nd accused have now come to terms, and she has no grievance or complaint against the 2nd accused.
2.
In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable
Crl.M.C No.3902 of 2015 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 am definite that nobody will support the prosecution if the case against the petitioner goes to trial. It is submitted that the 1st accused has already absconded and that the victim wants to prosecute the matter against the 1st accused. I am well satisfied that there is a real settlement between the parties. In such a situation, continuance of the prosecution against the petitioner will not serve any purpose other than wasting the precious time of the court.
In the result, this petition is allowed. The prosecution against the petitioner herein in S.C No.1317/2008 of the Court of Session, Thrissur will stand quashed under Section 482 of the Code of Criminal Procedure. P.UBAID JUDGE ab