Satheesh Y. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 Crl.MC.No. 6577 of 2014 () ----------------------------------------- CRIME NO. 127/2012 OF ELATHUR POLICE STATION , KOZHIKODE PETITIONER(S):
------------------------- SATHEESH. Y, AGED 31 YEARS, S/O.YESUDAS, AGS HOME, NEAR MARKET JUNCTION, MELPURAM, ANDUCODE POST, RC CHURCH ROAD, KANYAKUMARI, TAMIL NADU-629 168.
BY ADVS.SRI.P.G.SURESH SRI.P.JERIL BABU RESPONDENT(S)/DEFACTO COMPLAINANT:
----------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. ANUSHA K, AGED 27 YEARS, D/O.ARAVINDAKSHAN, KANNANKUTTOTH HOUSE, CHETTIKULOM, ELATHOOR VILLAGE, ELATHOOR POST, KOZHIKODE DISTRICT. 673 301.
R2 BY ADVS. SRI.G.SUDHEER (THURAVOOR) SRI.V.HARISH R1 BY SMT.SHEEBA M.T, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DG
Crl.MC.No. 6577 of 2014 () ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- ANNEXURE A1THE CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.127/2012 OF ELATHOOR POLICE STATION. ANNEXURE A2THE SWORN AFFIDAVIT EXECUTED BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT.
RESPONDENT(S)' EXHIBITS - NIL --------------------------------------- //TRUE COPY// P.A TO JUDGE
P. UBAID, J.
--------------------------------------- Crl.M.C.No.6577 of 2014 --------------------------------------- Dated this the 16th day of September, 2015
O R D E R
The petitioner seeks orders quashing the F.I.R and further proceedings in Crime No. 127/2012 of the Elathoor Police Station, registered under Sections 383, 384 and 417 IPC, on the complaint of one Anusha. 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 Anusha 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.
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 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
Crl.M.C.. No. 6577/2014 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. 127/2012 of the Elathoor Police Station will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/- P. UBAID, JUDGE sd