Mujeeb Rahman C v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 Crl.MC.No. 7861 of 2015 -------------------------- IN S.C 177/2015 of ADDL. SESSIONS COURT I, MANJERI CRIME NO. 362/2014 OF MANKADA POLICE STATION , MALAPPURAM PETITIONERS/PETITIONERS/ACCUSED:
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1. MUJEEB RAHMAN.C, AGED 26 YEARS S/O.ABDURAHIMAN, CHIRAKKAL HOUSE, KOOTTIL, MANKADA, MALAPPURAM DISTRICT.
2. ABDURAHIMAN, AGED 57 YEARS, S/O.MUHAMMAD, CHIRAKKAL HOUSE, KOOTTIL, MANKADA, MALAPPURAM DISTRICT.
3. ANAS, AGED 28 YEARS, S/O.ABDURAHIMAN, CHIRAKKAL HOUSE, KOOTTIL, MANKADA, MALAPPURAM DISTRICT.
BY ADV. SRI.K.DILIP RESPONDENTS/COMPLAINANT AND STATE OF KERALA:
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1. THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANKADA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM.
2. JISHNU, AGED 17 YEARS S/O.SAJEEV, KUNNUMMAL HOUSE, MANKADA P.O.
MALAPPURAM DISTRICT REPRESENTED BY HIS GUARDIANAND MOTHER USHA KUMARI.
3. USHA KUMARI, AGED 36 YEARS W/O.SAJEEV, KUNNUMMAL HOUSE, MANKADA P.O.
MALAPPURAM DISTRICT - 676 339.
R2-3 BY ADV. SRI.P.T.SHEEJISH R1 BY PUBLIC PROSECUTOR SMT.SHEEBA M.T THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7861 of 2015 ----------------------- APPENDIX PETITIONERS' ANNEXURES:
----------------------- ANNEXURE I. COPY OF THE FINAL REPORT FILED IN CRIME NO.362/2014 OF MANKADA POLICE STATION DATED 19.12.2014. ANNEXURE II. COPY OF THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT HEREIN DATED 10.12.15.
RESPONDENTS' ANNEXURES:
----------------------- NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.7861 of 2015 --------------------------------------- Dated this the 16th day of December, 2015
O R D E R
The petitioners herein are the three accused in S.C No.177/2015 of the Additional Sessions Court I, Manjeri. 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 447 and 323 of the Indian Penal Code and also Section 23 of the Juvenile Justice Act on the complaint of one Usha Kumari who is the third respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. The victim who sustained injuries in the alleged incident is the second respondent in this proceeding. The 3rd respondent has filed affidavit for herself and on behalf of her son, 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 High Court can quash the prosecution in pending
Crl.M.C No.7861 of 2015 : 2 :
proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of the further 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. In the result, this petition is allowed. The prosecution against the petitioners herein in S.C No.177/2015 of the Additional Sessions Court I, Manjeri 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 //True Copy// ab P.A to Judge