Indiramma v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 Crl.MC.No. 5678 of 2014 --------------------------- CRIME NO. 1318/2013 OF AMBALAPPUZHA POLICE STATION , ALAPPUZHA PETITIONERS/PETITIONERS/ACCUSED:
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1. INDIRAMMA W/O KUMARADAS, PUNNIYIL HOUSE, AMAYIDA, AMBALAPUZHA, PIN:688561.
2. R.GOPALAKRISHNAN, S/O RAMAN PILLAI, MANGALATH HOUSE, PAZHUVATHU, CHANGANACHERRY, PIN:686 101.
BY ADVS.SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS RESPONDENTS/DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, AMBALAPUZHA, PIN:688 561.
3. RADHAKRISHNA KAIMAL, AGED 78 YEARS, S/O LATE RAMAN PILLAI, C/O. K.V.JAYAMOHAN, KRISHNA VILAS, CHERAVALLY, KAYAMKULAM.
R3 BY ADV. SMT.SYAMA MOHAN R1 &R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5678 of 2014 ----------------------- APPENDIX PETITIONERS' ANNEXURES:
------------------------- ANNEXURE A: CERTIFIED COPY OF THE FIR IN CRIME NO.1318/13. RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.5678 of 2014 --------------------------------------- Dated this the 20th day of January, 2015 O R D E R The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.1318/2013 of the Ambalapuzha Police Station, registered under Sections 415, 416, 417, 419, 420, 423, 464, 471 and 120B of the Indian Penal Code, on the complaint of one Radhakrishna Kaimal. 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 de facto complainant Radhakrishna Kaimal is the 3rd 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.
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 crime stage or at the trial stage or even at the appellate or
Crl.M.C No.5678 of 2014 revision stage; if the parties have really settled the whole dispute, or if continuance of 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.1318/2013 of the Ambalapuzha Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
P.UBAID JUDGE ab