Mohammed Naseef (Minor) v. Muhammed Shabeer (Minor)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 --------------------------- CRIME NO. 426/2015 OF NATTUKAL POLICE STATION, PALAKKAD PETITIONERS/ACCUSED:
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1. MOHAMMED NASEEF (MINOR), AGED 17 YEARS, REPRESENTED BY HIS FATHER AND GUARDIAN SAKEER, AGED 43 YEARS, PADUKUNDIL HOUSE, VATTAMANNAPURAM PO, PALAKKAD DISTRICT.
2. MUSAFIR ALI (MINOR), AGED 17 YEARS, REPRESENTED BY HIS MOTHER AND GUARDIAN BUSHARA, AGED 42 YEARS, KAPPIL HOUSE, UPPUKULAM PO, EDATHANATTUKARA, PALAKKAD DISTRICT
3. HASHIM. P, AGED 18 YEARS, PUTHANKOT HOUSE, CHIRATTAKKULAM, EDATHANATTUKARA, PALAKKAD DISTRICT
4. SREERAG.P (MINOR), AGED 17 YEARS, REPRESENTED BY HIS FATHER AND GUARDIAN SREEDHARAN, AGED 45 YEARS, PAMPOTTIL HOUSE, EDATHANATTUKARA, PALAKKAD DISTRICT BY ADVS.SRI.K.M.SATHYANATHA MENON SRI.A.SANTHOSHKUMAR SMT.KAVERY S THAMPI SMT.ANJANA KANNATH RESPONDENTS/DEFACTO COMPLAINAT, COMPALAINANT & STATE: ----------------------------------------------------
1. MUHAMMED SHABEER (MINOR), AGED 16 YEARS, REPRESENTED BY HIS FATHER AND GUARDIAN ABDUL AZEEZ, AGED 48 YEARS, S/O MAMMAD, KARUPPANVEETTIL HOUSE, ALANALLOR P.O PALAKKAD DISTRICT ....2
: 2 :
2. THE SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, NATTUKAL, PALAKKAD DISTRICT, PIN-678 554
3. STATE OF KERALA REPRESETNED BY THE PUBLIC PROSCUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-678 031 R1 BY ADV. SRI.C.M.KAMMAPPU R2 & R3 BY PUBLIC PROSECUTOR SMT.V.H.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
----------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE A- COPY OF THE FIR IN CRIME NO. 426/15 OF NATTUKAL POLICE STATION ANNEXURE B- ORIGINAL OF THE AFFIDAVIT DT. 14/8/15 SWORN BY THE 1ST REPONDENT AND HIS GUARDIAN RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.5489 of 2015 --------------------------------------- Dated this the 18th day of August, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.426/2015 of the Nattukal Police Station, registered under Sections 323 and 341 r/w 34 of the Indian Penal Code and Section 4 of the Kerala Prohibition of Ragging Act on the complaint of one Muhammed Shabeer. The first respondent is the guardian of the defacto complainant. 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 petitioners and the victim are classmates, and I am satisfied that they are happily pursuing their studies without any difference of opinion. They are now good friends. The guardian of the victim 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
Crl.M.C No.5489 of 2015 crime stage or at the trial stage or even at the appellate or revisional stage; if the parties have really settled the whole dispute, or if continuance of the 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.
In the result, this petition is allowed. The F.I.R and further proceedings in Crime No.426/2015 of the Nattukal Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P.UBAID JUDGE ab