Surendran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, Crl.MC.No. 7524 of 2015 ------------------------- IN CC 740/2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ATTINGAL CRIME NO. 460/2012 OF ATTINGAL POLICE STATION, THIRUVANANDAPURAM PETITIONER/ACCUSED :
------------------- SURENDRAN, AGED 60 YEARS, S/O.GANGADHARAN, RED LAND, GRAMATHUMUKKU, AVANAVANCHERRY VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.RAJESH RESPONDENTS/STATE AND DEFACTO COMPLAINANT & INJURED : ----------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. LIJI (WRONGLY SHOWN AS VIJI IN ANX.A FINAL REPORT) D/O. LEENA, RED LAND, GRAMATHUMUKKU, AVANAVANCHERRY VILLAGE, ATTINGAL, THIRUVANANTHAPURAM-695 001.
3. LALLU, W/O. SREERANGAN, "HAPPY", GRAMATHUMUKKU, AVANAVANCHERRY VILLAGE, ATTINGAL, THIRUVANANTHAPURAM-695 001.
R2 & 3 BY ADV. SMT.E.S.SANDHYA R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7524 of 2015 ----------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE A : COPY OF THE FINAL REPORT IN CRIME NO.460/2012 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM.
ANNEXURE B : ORIGINAL AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT DTD.26.11.2015.
ANNEXURE C : ORIGINAL AFFIDAVIT EXECUTED BY THE 3RD RESPONDENT DTD.26.11.2015.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7524 of 2015 --------------------------------------- Dated this the 1st day of December, 2015
O R D E R
The petitioner herein is the sole accused in C.C No.740/2012 of the Judicial First Class Magistrate Court I, Attingal. 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 323 and 324 of the Indian Penal Code on the complaint of one Liji who is the second 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.
The other person who sustained injuries in the alleged incident is the third respondent in this proceeding. She has also filed affidavit to the effect that she has settled the whole dispute with the accused and she has no grievance or complaint now. 3.
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,
Crl.M.C No.7524 of 2015 and continuance of the prosecution 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. The petitioner is none other than the father of the defacto complainant. There is reason to believe that she happened to make complaint against her father on some misapprehension. Anyway, the whole issue within the family stands resolved forever.
In the result, this petition is allowed. The prosecution against the petitioner herein in C.C No.740/2012 of the Judicial First Class Magistrate Court I, Attingal 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 ab //True Copy//