Abdul Shahid v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 Crl.MC.No. 3111 of 2014 () --------------------------- CRIME NO. 38/2014 OF KOLATHUR POLICE STATION, MALAPPURAM PETITIONER(S)/PETITIONERS/ACCUSED:-:
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1. ABDUL SHAHID, II YEAR BSC MLT MES INSTITUTE OF PARA MEDICAL SCIENCE, PERINTALMANNA MALAPPURAM DISTRICT.
2. SONU K.P., II YEAR BSC MLT MES INSTITUTE OF PARA MEDICAL SCIENCE, PERINTALMANNA MALAPPURAM DISTRICT.
3. SABITH C., II YEAR BSC MLT MES INSTITUTE OF PARA MEDICAL SCIENCE, PERINTALMANNA MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN RESPONDENT(S)/RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:-: ----------------------------------------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM - 682 031.(CRIME NO.38/2014 OF KOLATHUR POLICE STATION IN MALAPPURAM DISTRICT).
2. AUSAF ASHAN, I YEAR BSC MLT MES INSTITUTE OF PARA MEDICAL SCIENCE PERINTALMANNA-679 322, MALAPPURAM DISTRICT.
R2 BY ADV. SRI.K.C.ANTONY MATHEW R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26-02-2015, ALONG WITH CRMC. 5393/2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3111 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1. TRUE COPY OF THE FIR IN CRIME NO.38/2014 OF KOLATHUR POLICE STATION.
ANNEXURE A2. TRUE COPY OF THE SUSPENSION ORDER DATED 17.01.2014. ANNEXURE A3. THE ORIGINAL OF THE AFFIDAVIT SWRON IN BY THE 2ND RESPONDENT DATED 07.02.2014.
ANNEXURE A4. TRUE COPY OF LETTER WRITTEN BY THE 2ND RESPONDENT TO THE COURSE DIRECTOR MES INSTITUTE OF PARA MEDICAL SCIENCE PERINTALMANNA DATED 18.01.2014.
RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
------------------------- Crl. M.C No.3111 of 2014 --------------------------------------- Dated this the 26th day of February, 2015.
O R D E R
The petitioners herein are the accused in Crime No.38 of 2014 of the Kolathur Police Station. 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 341, 323 r/w 34 and Section 4 of the Kerala (Prohibition of Ragging) Act on the complaint of one Ausaf Ahsan 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. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable 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 proceedings 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. The
Crl. M.C No.3111 of 2014 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 Crime No.38 of 2014 of the Kolathur Police Station will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution. P.UBAID, JUDGE sab