Mohammed Abdul Noor v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 Crl.MC.No. 3544 of 2014 () --------------------------- CRIME NO. 922/2013 OF KUTTIPURAM POLICE STATION , MALAPPURAM PETITIONER(S)/ACCUSED:

------------------------------ MOHAMMED ABDUL NOOR AGED 48 YEARS S/O. ABDULLA MUSLIAR, KAMBALA HOUSE, KUTTIPURAM. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM-682031.(CRIME NO. 922/2013 OF KUTTIPPURAM POLICE STATION, MALAPPURAM DISTRICT.)

2. KABIR,, AGED 30 YEARS S/O. MOHAMMED, PONNACHETHIYIL HOUSE, MOORKANAD VENGAD.P.O., PERINTHALMANNA MALAPPURAM DISTRICT-679338.

R2 BY ADV. SRI.VINOD KUMAR.C R1 BY ADV. PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 3544 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE-I. CERTIFIED COPY OF THE FIR IN CRIME NO. 922/13 OF KUTTIPPURAM POLICE STATION, ALONG WITH COKPLAINT FILED BY THE SECOND RESPONDENT BEFORE JFCM, TIRUR.

ANX.II. AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED 28-6-2014. RESPONDENT(S)' EXHIBITS ------------------------------ /TRUE COPY/ P.S TO JUDGE

P.UBAID, J.

~~~~~~~~~~ ~~~~~~~~~~~ Dated this the 27th February, 2015

O R D E R

The petitioner herein seeks orders quashing the F.I.R and further proceedings in Crime No.922 of 2013 of Kuttippuram Police Station, registered under Sections 420 of Indian Penal Code on the complaint of one Kabir. 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 2nd 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 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 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. I am well satisfied that the de facto complainant has received the entire amount due from the petitioner herein. It is submitted that there are so many crimes against the petitioner herein in different police stations. However, it is submitted that the crimes are being settled one after the other and the petitioner has been making earnest efforts to discharge the whole liability. Though being prosecuted under Section 420 of Indian Penal Code, I find that the dispute is of a civil nature having civil consequences and civil liabilities. Anyway, the dispute between the petitioner and the victim, stands settled, and efforts are now going on to settle the claims of the others also. I am inclined to accept the settlement and to quash the proceeding accordingly.

In the result, this petition is allowed. The F.I.R and further proceedings in crime No.922 of 2013 of Kuttipuram Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.

Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge