Sumesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 Crl.MC.No. 7050 of 2015 () --------------------------- IN SC 622/2011 of 1ST ADDITIONAL DISTRICT AND SESSIONS COURT, ,PALAKKAD CRIME NO. 71/2011 OF ALATHUR POLICE STATION , PALAKKAD PETITIONER(S)/ACCUSED:
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1. SUMESH AGED 27 YEARS S/O. VELU, KIZHAKKEVEEDU, VANGANOOR ALATHUR, PALAKKAD DISTRICT
2. RAMACHANDRAN AGED 27 YEARS S/O. BALAKRISHNAN, KALLAMKUNNU HOUSE KURIAPPILLI BHAGOM, KATTUSSERY, ALATHUR PALAKKAD DISTRICT BY ADVS.SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) RESPONDENT(S)/STATE AND CW1-VICTIM, CW2 AND MOTHER OF THE VICTIM: ----------------------------------------------------------------------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PIN 682 031
2. SHAFEEDHA, AGED 18 YEARS D/O. SIDDHIQUE, PARAKKAL HOUSE, KATTUSSERY ALATHUR, PALAKKAD DISTRICT - 678 541
3. SIDDHIQUE, AGED 52 YEARS S/O. VELLAKKUTTY, PARAKKAL HOUSE, KATTUSSERY ALATHUR, PALAKKAD DISTRICT - 678 541
4. UMAIBA , AGED 45 YEARS W/O. SIDHIQUE, PARAKKAL HOUSE, KATTUSSERY ALATHUR, PALAKKAD DISTRICT - 678 541 R2-R4 BY ADV. SRI.M.REVIKRISHNAN R1 BY SRI JUSTIN JACOB, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7050 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1 COPY OF THE FINAL REPORT IN CRIME NO 71 OF 2011 OF ALATHUR POLICE STATION ANNEXURE A2 THE AFFIDAVIT DATED 27-10-2015 SWORN BY THE 2ND RESPONDENT HEREIN ANNEXURE A3 THE AFFIDAVIT DATED 27-10-2015 SWORN BY THE 3RD RESPONDENT HEREIN ANNEXURE A4 THE AFFIDAVIT DATED 27-10-2015 SWORN BY THE 4TH RESPONDENT HEREIN RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV
P.UBAID, J.
============================ Crl.M.C.No.7050 of 2015 ============================ Dated this the 19th day of November, 2015
ORDER
The petitioners herein are the two accused in S.C.No.622 of 2011 of the First Additional District and Sessions Court, Palakkad. 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, 354 and 509 read with Section 34 of the Indian Penal Code on the complaint of one Siddique, who 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 now. The other victim of offence is the 2nd respondent in this proceeding. She has also filed
Crl.M.C.No.7050 of 2015 2 affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint now. Respondent No.4 is the mother of the victim. She has also filed affidavit to the effect that the whole dispute stands amicably settled. The learned Public Prosecutor submitted on instruction that the petitioners are not involved in any other crime.
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 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
Crl.M.C.No.7050 of 2015 3 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 S.C.No.622 of 2011 of the First Additional District and Sessions Court, Palakkad 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 rkj //TRUE COPY// P.A. TO JUDGE