Ponnappan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Crl.MC.No. 7673 of 2015 () --------------------------- CC 23/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT - VIII, MARADU ERNAKULAM CRIME NO. 1718/2013 OF PANANGAD POLICE STATION , ERNAKULAM ================== PETITIONER/ACCUSED:
----------------------------------- PONNAPPAN, AGED 45 YEARS S/O. V.C.JOSEPH, VALIYAPARAMBU PANANGAD P.O., KUMBALAM, ERNAKULAM.
BY ADV. SRI.K.T.SAJU RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-31.
2. JENCY JOHNSON, AGED 25 YEARS W/O. JOHNSON, KUNNAMTHUDY, VYASAPURAM PANANGAD, ERNAKULAM DISTRICT-682506.
ADDL.R3. LISSY, W/O. JAMES, AGED 47 YEARS ALUPPALLY HOUSE, S.N. JUNCTION KUMBALAM, PANANGAD P.O., ERNAKULAM -682506 ADDL.R4. BENCY, W/O. ROJU, AGED 24 YEARS, ARAKKAL HOUSE NEAR P.S. MISSION HOSPITAL, MARADU, ERNAKULAM -682304 ADDL.R3 AND R4 ARE IMPLEADED AS PER ORDER IN Crl.M.A.No.11851/2015 DATED 18.12.2015.
R2, ADDL R3,R4 BY ADV. SRI.AKHIL K.MADHAV R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7673 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE A1- THE CERTIFIED COPY OF THE CHARGE SHEET/FINAL REPORT IN C.C.NO. 23/15 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, MARADU, ERNAKULAM.
ANNEXURE A2- AFFIDAVIT SIGNED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- Crl.M.C.No.7673 of 2015 --------------------------------------- Dated this the 18th day of December, 2015
O R D E R
The petitioner herein is the accused in C.C.No.23/2015 of the Judicial First Class Magistrate Court-VIII, Maradu. 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 452, 294(b), 354 and 506(i) IPC, on the complaint of one Jency Johnson, who is the 2nd 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 victims have also filed affidavit to effect that the whole dispute stands settled.
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
Crl.M.C.. No. 7673/2015 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 petitioner herein in C.C.No.23/2015 of the Judicial First Class Magistrate Court-VIII, Maradu 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 sd // True Copy // P.A. to Judge