Jithin John v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Crl.MC.No. 4804 of 2015 --------------------------- CC 180/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD. CRIME NO. 1112/2011 OF VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM.

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PETITIONERS/A1 TO A3:

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1. JITHIN JOHN, J.J.NIVAS, NEAR VELLIMAN JUNCTION, PERINANADU VILLAGE, KOLLAM.

2. NIKHIL, NIKIL BHAVAN, 7TH WARD, VANCHIYOOR JUNCTION, CHIRAYINKIYIL TALUK, TRIVANDRUM.

3. SANDEEP, S/O.SATHEESH KUMAR, SANGEETHA VEETIL, SASTHAMANGALAM VILLAGE, TRIVANDRUM.

BY ADV. SRI.M.R.SARIN RESPONDENTS/COMPLAINANT:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. ARUN RAJ, AGED 26, S/O.CHANDRA RAJ, TC NO.19/1059, CHANDRAVILASOM, NEAR CSI CHURCH, THAMALA, MUDAVANMUGHAL WARD, THIRUMALA VILLAGE, TRIVANDRUM-695001.

R1 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB R2 BY ADV. SRI.AJAYA KUMAR. G THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 4804 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------ ANNEXURE-A1 :

THE TRUE COPY OF THE FIR NO.IA 1112/12 OF VATTIYOORKAVU POLICE STATION.

ANNEXURE-A2 :

THE TRUE COPY OF THE FINAL REPORT IN CC 180/12 BEFORE JUDICIAL FIRST MAGISTRATE COURT-11-NEDUMANGAD. ANNEXURE-A3 :

AFFIDAVIT SIGNED BY THE 2ND RESPONDENT.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 4804 of 2015 ================== Dated this the 30th day of July, 2015

O R D E R

The petitioners herein are the accused in the impugned Anx.A-2 final report/charge sheet filed in Anx.A-1 Crime No.1112/ 2011 of Vattiyoorkavu Police Station, registered for offences punishable under Secs.294(b), 341, 323, 324, 506(1) and 34 of the I.P.C., at the instance of the 2nd respondent, which has led to the institution of Calendar Case, C.C.No.180/2012 on the file of the Judicial First Class Magistrate's Court-II, Nadumangad. It is stated that now the entire disputes between the petitioners and the 2nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx.A-3 affidavit before this Court, wherein it is stated that he has settled the entire disputes with the petitioners 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

Crl.M.C.4804/15 - : 2 :- 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 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.

Crl.M.C.4804/15 - : 3 :- Anx.A-2 final report/charge sheet filed in Anx.A-1 Crime No.1112/ 2011 of Vattiyoorkavu Police Station, which has led to the institution of Calendar Case, C.C.No.180/2012 on the file of the Judicial First Class Magistrate's Court-II, Nadumangad, 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