Muneer C. v. Seema T.K.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 Crl.MC.No. 7401 of 2015 () --------------------------- CC 3214/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG CRIME NO. 746/2014 OF CHANDERA POLICE STATION, KASARGOD DISTRICT ================= PETITIONERS/ACCUSED 1 TO 4:
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1. MUNEER C., AGED 39 YEARS, S/O. MUHAMMED CHEMMAMKOD HOUSE, PULIKKAL, KONDOTTY TALUK, MALAPPURAM DISTRICT, NOW RESIDING AT KHIDMATHUL ISLAM SANGAM QUARTERS MOOSAHAJIMUKKU, PADNE, PADNE VILLAGE HOSDURG TALUK, KASARGOD DISTRICT
2. NOUSHAD L.K., AGED 27 YEARS, S/O.LATE ABDUL SALAM RESIDING AT PADANNA, KANTHILOTTU, KAIPADU PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT
3. MUHAMMED RAHIS P.K., AGED 24 YEARS, S/O. AHAMMED KUNHI RESIDING AT PARAKKADAVU HOUSE, WEST OF PADANNA MUSLIM JAMA ATH MOSQUE, PADNE VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT
4. IRSHAD P., AGED 27 YEARS, S/O. ABDUL GAFOOR RESIDING AT KODATHI HOUSE, PADANNA OLD BAZAR PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT BY ADV. SRI.T.MADHU RESPONDENTS/STATE:
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1. SEEMA T.K., AGED 31 YEARS, W/O. JOHNSON V.T. PUTHIYA PURAYIL, SRIKANDAPURAM, KANIARA VAYAL KANNUR DISTRICT, NOW RESIDING AT KIDUMATUL ISLAM SANGAM QUARTERS, PADNE, PADNE VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT - 671314
2. JOHNSON V.T., AGED 37 YEARS, S/O. THOMAS PUTHIYA PURAYIL, SRIKANDAPURAM, KANIARA VAYAL KANNUR DISTRICT, NOW RESIDING AT KIDUMATUL ISLAM SANGAM QUARTERS, MOOSAHAJIMUKKU, PADNE PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT - 671314
3. SABU JOSE, AGED 39 YEARS, S/O. L.K. JOSE, RESIDING AT ABDURKATTA ADINADOOR VILLAGE, SOMAWARPETTA, KUDAGU TALUK STATE OF KARNATAKA -571323
Crl.MC.No. 7401 of 2015 ()
4. A.K. MURALI, AGED 39 YEARS, S/O. KUMARAN, RESIDING AT ABDURKATTA, ADINADOOR VILLAGE, SOMAWARPETTA KUDAGU TALUK, STATE OF KARNATAKA - 571323
5. THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -682031 R1,2,3,4 BY ADV. SRI.P.R.SHIBU R BY PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO. 7401/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.746/2014 OF CHANDERA POLICE STATION ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT INCRIME NO.746/2014 OF CHANDERA POLICE STATION ANNEXURE A3 AFFIDAVIT DATED 01.11.2015 SWORN IN BY THE 1ST RESPONDENT ANNEXURE A4 AFFIDAVIT DATED 01.11.2015 SWORN IN BY THE 2ND RESPONDENT ANNEXURE A5 AFFIDAVIT DATED 01.11.2015 SWORN IN BY THE 3RD RESPONDENT ANNEXURE A6 AFFIDAVIT DATED 01.11.2015 SWORN IN BY THE 4TH RESPONDENT ANNEXURE A7 CERTIFIED COPY OF THE MEMO OF EVIDENCE IN CRIME NO.746/2014 OF CHANDERA POLICE STATION RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A.TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.7401 of 2015 --------------------------------------- Dated this the 24th day of November, 2015
O R D E R
The petitioners herein are the accused in C.C. No.3214/2014 of the Judicial First Class Magistrate Court-I, 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 143, 147, 149, 354, 452, 506(i) and 323 IPC, on the complaint of one Seema, who is the 1st 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. The other persons who sustained injuries in the alleged incident are the respondent Nos.2 to 4 in this proceeding. They have also filed affidavit to the effect that they have settled the whole dispute with the accused, and they have 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
Crl.M.C.. No. 7401/2015 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. 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.
3214/2014 of the Judicial First Class Magistrate Court-I, 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 // True Copy // P.A.
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