Suresh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Crl.MC.No. 6115 of 2015 () --------------------------- CC 868/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT.-II, HOSDRUG CRIME NO. 43/2013 OF HOSDURG POLICE STATION , KASARGOD DISTRICT ================= PETITIONERS/ACCUSED:
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1. SURESH, AGED 43 YEARS, S/O. NARAYANAN NELLITHARA, AJANOOR GRAMAM KANJANGHAD
2. MADHU P.K., AGED 37 YEARS, S/O. NARAYANAN MAVUNKAL, PUTHIYAKANDAM AJANOOR GRAMAM BY ADV. SRI.RAJESH PADMANABHAN RESPONDENT/STATE & DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031
2. THE STATION HOUSE OFFICER HOSDURG POLICE STATION, KASARAGOD - 671121
3. K. SUJATHA, W/O. PRADEEP PORKALAM HOUSE, RESIDING AT ENNAPARA, BELUR VILLAGE VELLARIKUNDU TALUK KASARAGOD DISTRICT - 671121 R3 BY ADV. SMT.REENA ABRAHAM R1 & R2 BY PUBLIC PROSECUTOR SMT. REMA R.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C. NO.66115/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A1 COPY OF THE FIR NO.35/2013 OF THE HOSDURG POLICE STATION, KASARAGOD ANNEXURE A2 COPY OF THE CHARGE IN C.C.NO.868/2015 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG ANNEXURE A3 AFFIDAVIT SWORN TO BY THE THIRD RESPONDENT RESPONDENTS' EXHIBITS NIL TRUE COPY P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C. No.6115 of 2015 --------------------------------------- Dated this the 11th day of September, 2015
O R D E R
The petitioners herein are the accused in C.C.868/2015 of the Judicial First Class Magistrate Court-II, Hosdurg. 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 354 and 506(i) read with 34 IPC, and Section 119(1)(a) of the Kerala Police Act, on the complaint of one Sujatha, who is the 3rd 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.
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 further proceedings will not serve any
Crl.M.C.. No. 6115/2015 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, 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.868/2015 of the Judicial First Class Magistrate Court-II, Hosdurg 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