Prasanth @ Ananad v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 Crl.MC.No. 6230 of 2015 () --------------------------- CC 2004/2014 of JUDICIAL FIRST CLASS MAGISTRTE COURTIII,THIRUVANANTHAPURAM =========== PETITIONER/ACCUSED:

---------------------------------- PRASANTH @ ANANAD AGED 39 YEARS S/O. RAMACHANDRAN PILLAI, H.NO.166 REMYA BHAVAN, CHANDAMUKKU PEYAD WARD, VILAPPIL VILLAGE THIRUVANANTHAPURAM BY ADVS.SRI.P.RAVEENDRAN PILLAI SMT.INDIRA RAVEENDRAN RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031

2. NIRMALA CHANDRAPAL, W/O. CHANDRAPAL AGED 70 YEARS, RESIDING AT SHYLA MANOR APARTMENT, 2A, JAWAHAR NAGAR, KOWDIAR VILLAGE, THIRUVANANTHAPURAM - 695003 R2 BY ADV. SRI.SANJAY THAMPI R1 BY PUBLIC PROSECUTOR SRI. JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C.No. 6230/2015 PETITIONER'S EXHIBITS ANNEXURE A(1) COPY OF THE FINAL REPORT IN C.C.No.2004/2014 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS-III, THIRUVANANTHAPURAM DATED 17.10.2014 ANNEXURE A(2) COPY OF THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS NIL TRUE COP Y P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.6230 of 2015 --------------------------------------- Dated this the 17th day of September, 2015

O R D E R

The petitioner herein is the accused in C.C.No.2004/2014 of the Judicial First Class Magistrate Court-III, Thiruvananthapuram. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 341, 294(b), 354 and 506(i) IPC, on the complaint of one Nirmala Chandrapal, who is the 2nd 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 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

Crl.M.C.No.6230 of 2015 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 petitioner herein in C.C.No.2004/2014 of the Judicial First Class Magistrate Court-III, Thiruvananthapuram will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution and the bail bond, if any, executed by him will stand discharged.

Sd/- P. UBAID, JUDGE sd