K.K.Meeran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 Crl.MC.No. 4442 of 2015 () --------------------------- CRIME NO. 1225/2015 OF MUVATTUPUZHA POLICE STATION , ERNAKULAM ...................................

PETITIONER(S)/ACCUSED :

------------------------------------- K.K.MEERAN, AGED 62 YEARS, S/O. KUNJUPILLA, KAKKADU HOUSE, RANDARKARA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT(S) /STATE/INFORMANT :

----------------------------------------------------- 1.

STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

(CRIME NO. 1225/2015 MUVATTUPUZHA POLICE STATION ERNAKULAM DISTRICT).

2.

ANSA, AGED 24 YEARS W/O. SHAMJAD, PATTARUMADOM VEEDU, ARRACKAPPADI VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.

R2 BY ADV. SRI.SHAJIN S.HAMEED R1 BY SMT.S.HYMA, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMV

: 2 :

Crl.MC.No. 4442 of 2015 () ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- ANNEXURE I - COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1225/2015 OF MOOOVATTUPUZHA POLICE STATION. ANNEXURE II - AFFIDAVITY SWORN BY THE 2ND RESPONDENT DATED 10.7.2015.

RESPONDENT(S)' EXHIBITS :

NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE AMV

P. UBAID, J.

--------------------------------------- Crl.M.C. No.4442 of 2015 --------------------------------------- Dated this the 24th day of July, 2015

O R D E R

The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No.1225/2015 of the Muvattupuzha Police Station, Ernakulam District, registered under Section 354(A)(1) IPC, on the complaint of one Ansa 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, Ansa is the /2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint. On a perusal of the complaint, I find that the complaint is really suspicious. However, the parties have come to terms.

2. 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; be it at the crime stage, or at the trial stage, or even at the appellate or revision stage; if the parties have really settled the whole dispute, or if continuance of prosecution will not serve any purpose. Here, I find a real case of settlement between the parties, and I also find that continuance

Crl.M.C.. No. 4442/2015 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.

In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.1225/2015 of the Muvattupuzha Police Station, Ernakulam District will stand quashed under Section 482 of the Code of Criminal Procedure.

Sd/- P. UBAID, JUDGE sd