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High Court of KeralaCrl.MC/3921/2015disposed of

Sanu Francis v. Manoj

2015-06-29Honourable Mr. Justice Alexander Thomas5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 Crl.MC.No. 3921 of 2015 () --------------------------- CC. NO.2647/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI. CRIME NO. 1529/2014 OF MARADU POLICE STATION, ERNAKULAM DISTRICT. .......

PETITIONER/ACCUSED NOS.1 TO 6:

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1. SANU FRANCIS, AGED 26 YEARS, S/O. FRANCIS, PAZHAMPILLIL HOUSE, MARAUD P.O., PIN-682 304.

2. EMMANUVAL S.A., AGED 20 YEARS, S/O. GEORGE, SHASTHAMPADICAL HOUSE, MULAVUKADU P.O., PIN-682 504.

3. FEBIN K.R., AGED 29 YEARS, S/O. K.V. RAPHEAL, KALAPURAKAL HOUSE, KUMBALAM P.O., PIN-682 506.

4. ATHUL .A.S., AGED 24 YEARS, S/O. A.C. SIVADASAN, APPANETH HOUSE, MADAVANA, PANANGAD P.O., PIN-682 506.

5. PRAVEEN KUMAR P.V., AGED 26 YEARS, S/O. VISWAMBARAN, PANAKKACHIRA HOUSE, KUNDANNOOR, MARAUD P.O., PIN-682 304.

6. ROSHAN CHARLY, AGED 24 YEARS, S/O. CHARLY GEORGE, MULLANKUZHIYIL HOUSE, NETTOOR, MARAUD P.O., PIN-682 304.

BY ADV. SRI.S.A.ANAND.

RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1. MANOJ, AGED 44 YEARS, S/O. VASU, KALATHIL HOUSE, JAWAHAR ROAD, POONITHURA VILLAGE, POONITHURA P.O., PIN-682 038.

2. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE MARADU POLICE STATION, ERNAKULAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. R1 BY ADV. SRI.P.V.ARUN KUMAR.

R2 BY PUBLIC PROSECUTOR SRI.C.K. SURESH.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Crl.MC.No. 3921 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A:

CERTIFIED COPY OF THE FINAL CHARGE IN C.C. NO.2647/2014 PENDING BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOCHI.

RESPONDENT'S ANNEXURES:- NIL.

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

ALEXANDER THOMAS, J.

================== Crl.M.C No.3921 of 2015 ================== Dated this the 29th day of June, 2015

O R D E R

The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.1529/2014 of Maradu Police Station, registered under Sections 143, 147, 451, 323, 294(b), 506 r/w 149 of IPC. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant is the 1st 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.

2.

In a catena of decisions, the Apex Court has held that in 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 continuance of prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties

Crl.M.C No.3921 of 2015 - : 2 :- and it is also found that continuance of 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, the impugned F.I.R and further proceedings arising out of Crime No.1529/2014 of Maradu Police Station, including all further proceedings arising out of C.C.No.2647/2014 on the file of Judicial First Class Magistrate's Court-I, Kochi pending against the petitioners herein will stand quashed under Section 482 of the Code of Criminal Procedure.

With these observations and directions, this Crl.M.C. stands finally disposed of.

sd/- sab ALEXANDER THOMAS, JUDGE

Crl.M.C No.3921 of 2015 - : 3 :-