Sabith C. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 Crl.MC.No. 5393 of 2014 () --------------------------- IN CC 335/2014 of J.M.F.C.-I, PERINTHALMANNA CRIME NO. 38/2014 OF KOLATHUR POLICE STATION , MALAPPURAM PETITIONER(S)/ACCUSED:
------------------------------------------
1. SABITH C.
II YEAR B.SC MLT MES INSTITUTE OF PARA MEDICAL SCIENCE, PERINTALMANNA MALAPPURAM DISTRICT.
2. SONU K.P.
II YEAR B.SC MLT MES INSTITUTE OF PARA MEDICAL SCIENCE, PERINTALMANNA MALAPPURAM DISTRICT.
3. ABDUL SHAHID II YEAR B.SC MLT MES INSTITUTE OF PARA MEDICAL SCIENCE, PERINTALMANNA MALAPPURAM DISTRICT.
BY ADV. SRI.P.SAMSUDIN RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
-------------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031
2. AUSAF AHSAN 1 YEAR BSC MLT MES INSTITUTE OF PARA MEDICAL SCIENCE PERINTALMANNA-679 322 MALAPPURAM DISTRICT R2 BY ADV. SRI.K.C.ANTONY MATHEW R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE. P THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5393 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNX.A1 - TRUE COPY OF THE FIR IN CRIME NO.38/2014 OF KOLATHUR POLICE STATION ANNX.A2 - TRUE COPY OF THE SUSPENSION ORDER DATED 17-01-2014 ANNX.A3 - THE ORIGINAL OFTHE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT DATED 07-02-2014 ANNX.A4 - TRUE COPY OF LETTER WRITTEN BY THE 2ND RESPONDENT TO THE COURSE DIRECTOR MES INSTITUTE OF PARA MEDICAL SCIENCE PERINTALMANNA DATED 18-01-2014 ANNX.A5 - TRUE COPY OF THE FINAL REPORT IN CRIME NO.38/2014 OF KOLATHUR POLICE STATION.
RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
------------------------- Crl. M.C No.5393 of 2014 --------------------------------------- Dated this the 26th day of February, 2015.
O R D E R
The petitioners herein are the accused in C.C No.335 of 2014 of the Judicial First Class Magistrate Court-I, Perintalmanna. 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 341, 323 r/w 34 of IPC and Section 4 of the Kerala (Prohibition of Ragging) Act on the complaint of one Ausaf Ahsan who is the second 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. 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
Crl. M.C No.5393 of 2014 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 No.335 of 2014 of the Judicial First Class Magistrate Court-I, Perintalmanna will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution.
P.UBAID, JUDGE sab