Akhilb. Nair v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 -------------------------- CRIME NO. 82/2013 OF ERNAKULAM SOUTH POLICE STATION , ERNAKULAM IN C.C NO.898/2014 OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, (EO), ERNAKULAM.
PETITIONERS/ACCUSED:
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1. AKHIL.B. NAIR, AGED 22 YEARS, S/O.BALACHANDRAN NAIR, UTHRADAM HOUSE, KODUVAZHANNOOR P.O, THIRUVANANTHAPURAM DISTRICT.
2. RAKHILASH, AGED 22 YEARS, S/O.RAVEENDRAN, KALLULLAKANDI HOUSE, KARANGODE, KUTTIADI, KOZHIKODE DISTRICT.
3. ARUN S.SAIMON, AGED 24 YEARS, S/O.SAIMON, CHEMBAKATHUMOODU HOUSE, PUTHIYAVILA, KATTAKKADA, THIRUVANANTHAPURAM DISTRICT.
4. MUHAMMED SHAHANON, AGED 23 YEARS, S/O.SAITHALAVI, VADAKKANPARAMBIL HOUSE, KARUVANKALLU, KARIPPOOR, KONDOTTI, KOZHIKODE DISTRICT.
5. ARUN PHILIP, AGED 23 YEARS, S/O.PHILIPOSE, VELUTHAKALAYIL HOUSE, THIRUMOOLAPURAM PO, THIRUVALLA, PIN-689 101.
BY ADVS.SRI.G.S.KRISHNAN KARTHA SRI.LIJIN THAMBAN RESPONDENTS/STATE AND CW1:
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1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE ERNAKULAM TOWN SOUTH POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
...2
: 2 :
2. SHEEBA SAJEEVAN, AGED 41 YEARS, W/O.SAJEEVAN, CHERUPALLI HOUSE, EDAYAPPURAM KARA, ALUVA VILLAGE, ERNAKULAM DISTRICT-683 101.
R2 BY ADV. SRI.DEEPAK MOHAN R1 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
------------------------- APPENDIX PETITIONERS' ANNEXURES:
------------------------ ANNEXURE A1 : COPY OF THE FIR IN CRIME NO.82/2013 OF ERNAKULAM TOWN SOUTH POLICE STATION FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES)AT ERNAKULAM. ANNEXURE A2 : COPY OF THE FINAL REPORT IN CRIME NO.82/2013 OF ERNAKULAM TOWN SOUTH POLICE STATION, FILED BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES), AT ERNAKULAM.
ANNEXURE A3 : AFFIDAVIT SWORN BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY/// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.4774 of 2015 --------------------------------------- Dated this the 17th day of August, 2015
O R D E R
The petitioners herein are the five accused in C.C No.898/2014 of the Additional Chief Judicial Magistrate Court (EO), Ernakulam. 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 143, 147, 427 and 447 r/w 149 of the Indian Penal Code on the complaint of one Sheeba Sajeevan who 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 now. It is submitted that the petitioners have already compensated the complainant adequately for the mischief done by them. 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 in pending proceedings, if the parties have really settled the whole dispute
Crl.M.C No.4774 of 2015 amicably out of court, and continuance of the prosecution 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. This is not a case involving any public interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides. 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 C.C No.898/2014 of the Additional Chief Judicial Magistrate Court (EO), Ernakulam will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID JUDGE ab