R.Shaji v. Satheesh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Crl.MC.No. 4548 of 2015 () --------------------------- CC.NO. 84/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-V, THIRUVANANTHAPURAM CRIME NO. 401/2007 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM ------------------ PETITIONERS/ACCUSED NOS. 2 & 3 :
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1. R.SHAJI, AGED 60, S/O.RAGHAVAN, DIVYA PRABHA HOUSE NERA MARAPPALAM JUNCTION, PATTOM, KAVADIYAR.
2. UNNIKRISHNA PILLAI, AGED 41, S/O.NARAYANA PILLAI, UNNIKRISHNA MANDHIRAM, VELIYAM ODANAVATTOM, KOTTARAKKARA.
BY ADV. SRI.C.P.UDAYABHANU RESPONDENT/COMPLAINANT :
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1. SATHEESH, AGED 45, S/O.DEVADAS, T.C.17/1204, UMA NILAYAM NEAR S.K.HOSPITAL, POOJAPPURA, THIRUVANANTHAPURAM PIN-695 012.
2. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE MUSEUM POLICE STATION (CRIME NO. 401/2007) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.G.SIJI R2 BY PUBLIC PROSECUTOR SRI. R. GITHESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 4548 of 2015 () ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :
--------------------------------------------- ANNEXURE I A CERTIFIED COPY OF THE FINAL REPORT IN C.C.84/13 PENDING ON THE FILE OF JFCM COURT-V, THIRUVANANTHAPURAM. ANNEXURE-II AFFIDAVIT SWORN BY R1 THE DE FACTO COMPLAINANT IN ANNEXURE-I.
RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
ALEXANDER THOMAS, J.
================== Crl.M.C.No. 4548 of 2015 ================== Dated this the 20th day of July, 2015
O R D E R
The petitioners herein are accused Nos.2 and 3 in the impugned Anx.1 final report/charge sheet filed in Crime No.401/ 2007 of Museum Police Station, Thiruvananthapuram district, registered for offences punishable under Secs.120B, 420 read with Sec.34 of the I.P.C., at the instance of the 1st respondent herein, which has led to the institution of Calendar Case, C.C.No.84/2013 on the file of the Judicial First Class Magistrate's Court-V, Thiruvananthapuram. Originally, in addition to the petitioners herein (A-2 and A-3), there was one more accused (A-1) in the above referred crime, proceedings arising out of the very same crime to the extent it affected against whom, were quashed by this Court on the ground of settlement, as per the order dated 27.2.2015 in Crl.M.C.No.2809/2014. It is stated that now the entire disputes between the petitioners herein (A-2 & A-3) and the 1st respondent defacto complainant have also been settled amicably and that the 1st
Crl.M.C.4548/15 - : 2 :- respondent has sworn to Anx.II affidavit before this Court, wherein it is stated that he has settled the entire disputes with the petitioners herein and that he has no objection for quashment of the impugned criminal proceedings pending against the petitioners herein. 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 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
Crl.M.C.4548/15 - : 3 :- 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 Anx.1 final report/charge sheet filed in Crime No.401/2007 of Museum Police Station, Thiruvananthapuram district, which has led to the institution of Calendar Case, C.C.No.84/2013 on the file of the Judicial First Class Magistrate's Court-V, Thiruvananthapuram, and all further proceedings arising therefrom pending against the petitioners herein 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