Prasanth Kumar35 v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Crl.MC.No. 5042 of 2015 -------------------------- IN CC 2034/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, PUNALUR CRIME NO. 442/2013 OF ANCHAL POLICE STATION , KOLLAM PETITIONERS/ACCUSED-A1& A2:
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1. PRASANTH KUMAR, AGED 35 YEARS, S/O.KUTTAPPAN, S.K.NIVAS, CHILLING PLANT ALANCHERY MURI, YEROOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. NOW RESIDING AT: ANIL BHAVAN NETTAYAM MURI, ANCHAL VILLAGE, PATHANAPURAM TALUK KOLLAM DISTRICT.
2. ASWATHY NATARAJAN, AGED 25 YEARS, D/O.NATARAJAN, ASWATHY NIVAS, PANAYAM MURI, YEROOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS/STATE & COMPLAINANTS:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682031.
2. THE SUB INSPECTOR OF POLICE ANCHAL POLICE STATION, KOLLAM DISTRICT-691621.
3. LINU, AGED 37 YEARS S/O.SASIDHARAN, 'LEENALAYAM', ANCHAL (P.O.) ANCHAL VILLAGE, PUNALUR TALUK, KOLLAM DISTRICT-691621.
4. LEENA, AGED 40 YEARS D/O.VIJAYAMMA, 'LEENALAYAM', POREDAM (P.O.) THERUVIL BHAGAM, CHADAYAMANGALAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, 691306.
R3 & R4 BY SRI.DINESH THANKAPPAN R1 & R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5042 of 2015 ------------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE-A: COPY OF THE FINAL REPORT IN CRIME NO.442/2013 OF ANCHAL POLICE STATION.
ANNEXURE-B: AFFIDAVIT OF THE 3RD RESPONDENT.
ANNEXURE-C: AFFIDAVIT OF THE 4TH RESPONDENT.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- --------------------------------------- Dated this the 20th day of August, 2015
O R D E R
The petitioners herein are the three accused in C.C No.2034/2013 of the Judicial First Class Magistrate Court I, Punalur. 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 420 and 424 of the Indian Penal Code and Sections 3 and 4 r/w 17 of the Kerala Money Lenders Act, 1958 on the complaint of one Linu who is the 3rd 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 now.
2.
The other victim of offence in this case is the 4th respondent. She has also filed affidavit to the effect that she has settled the whole dispute with the accused and she has no grievance or complaint now.
3.
It is submitted by the learned Public Prosecutor that on search no document or material could be seized, indicating the involvement of the petitioners in any unauthorised money lending business punishable under the Kerala Money Lenders Act. There is nothing to show that any other victim of offence is involved in this case. Thus the transaction is purely personal between the petitioners and the defacto complainant. I am well satisfied that the whole dispute between them stands resolved.
4.
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 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.2034/2013 of the Judicial First Class Magistrate Court I, Punalur 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