K.N.Sunil Babu v. Adoor Service Co-Operative Society
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 Crl.MC.No. 4008 of 2014 () --------------------------- CC 1474/2007 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR CRIME NO. 463/2007 OF ADOOR POLICE STATION , PATHANAMTITTA DISTRICT ================ PETITIONES/ACCUSED NOS.1 & 2:
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1. K.N.SUNIL BABU S/O.NALINAKSHAN, 'KAMALALAYAM' HOUSE PANNIVIZHA, PANNIVIZHA MURI, ADOOR VILLAGE.
2. K. MANESH, S/O.KUNJUKUNJU MANESH BHAVAN, PARAKUTTAM MUNDAPALLY PERIGANADU VILLAGE.
BY ADVS.SRI.M.REVIKRISHNAN SRI.S.SHAJAHAN (ADOOR) RESPONDENTS/PERSONS AGGRIEVED & STATE:
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1. P.T.142, ADOOR SERVICE CO-OPERATIVE SOCIETY REPRESENTED BY ITS SECRETARY PREMNAD, PREM NIVAS MUNNALAM ADOOR P.O 689 694
2. STATE OF KERALA, REP. BY PPHC OF KERALA, ERNAKULAM 682 031 R1 BY ADV. SRI.T.M.SHERIFF R2 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4008 of 2014 () APPENDIX PETITIONERS' EXHIBITS ------------------------------------ ANNX.A - TRUE COPY OF THE FINAL REPORT IN CRIME NO.463/07 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT.
ANNX.B & C - TRUE COPIES OF THE RECEIPTS ISSUED BY THE CO-OPERATIVE SOCIETY ACKNOWLEDGING RECEIPT OF THE AMOUNTS FROM THE 1ST PETITIONER HEREIN DATED 26-4-14, 5-6-14 ANN.D - TRUE COPY OF THE RECEIPT ISSUED ACKNOWLEDGING RECEIPTS OF AMOUNT DATED 25-8-2011 BY THE ADOOR SERVICE CO-OPERATIVE SOCIETY FROM THE 1ST PETITIONER. RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.4008 of 2014 --------------------------------------- Dated this the 31st day of March, 2015
O R D E R
The petitioners herein are the accused Nos. 1 and 2 in C.C. No.1474/2007 of the Judicial First Class Magistrate Court, Adoor. 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 403, 405 and 408 IPC, on the complaint of the 1st respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The Secretary of the 1st respondent has filed affidavit to the effect that the whole dispute stands settled with the accused.
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 amicably out of court, and continuance of the proceedings 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
Crl.M.C.. No. 4008/2014 parties have come to terms amicably on the intervention of persons acceptable to both sides, and I am satisfied that the parties are now on quite cordial terms. 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.1474/2007 of the Judicial First Class Magistrate Court, Adoor 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. Sd/- P. UBAID, JUDGE sd