Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE18H DAY OF SEPTEMBER201427TH BHADRA, 1936 Crl.MC.No. 5231 of 2014 ------------------------ AGAINST CC8292009 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVALLA PETITIONERS: ----------- 1. SURESH, AGED38YEARS, S/O.AYYAPPAN KUNJUCHERUKKAN, PUTHUKKERIL HOUSE, NIRANAM CENTRAL P.O., NIRANAM VILLAGE.
2. SUBASH, AGED34YEARS, S/O.AYYAPPAN KUNJUCHERUKKAN, PUTHUKKERIL HOUSE, NIRANAM CENTRAL P.O., NIRANAM VILLAGE. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENTS: ------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. V.M.JACOB, AGED38YEARS, S/O.V.K.MATHEW, VIZHALIL HOUSE, NIRANAM P.O, THIRUVALLA TALUK-689 101.
3. VARGHESE, AGED54YEARS, S/O.IYPE VARGHESE, PANIKKOTTIL HOUSE, NIRANAM P.O, THIRUVALLA TALUK-689 101. R2-3 BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON1809-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 5231 of 2014 ----------------------- APPENDIX PETITIONERS' ANNEXURES: ----------------------- ANNEXURE-A. CERTIFIED COPY OF THE CHARGE SHEET IN CC NO.829/2009. ANNEXURE-B. COPY OF THE AFFIDAVIT OF THE2D RESPONDENT ANNEXURE-C. COPY OF THE AFFIDAVIT OF THE3D RESPONDENT RESPONDENTS' ANNEXURES:NIL --------------------- //TRUE COPY// P.A TO JUDGE ab P.UBAID, J.
--------------------------------------- Crl.M.C No.5231 of 2014 --------------------------------------- Dated this the 18th day of September, 2014 ORDER
The petitioners herein are the two accused in C.C.No.829/2009 of the Judicial First Class Magistrate Court, Thiruvalla. Crime in the said case was registered under Sections 324 and 326 of the Indian Penal Code, on the complaint of one Jacob. The prosecution case is that on 2.7.2008 these petitioners assaulted the defacto complainant Jacob and also one Varghese, and inflicted injuries on their body with weapons. Varghese sustained simple injuries but Jacob sustained injuries including fracture of his knee. Now the petitioners have brought this petition under Section 482 of the Code of Criminal Procedure to quash the prosecution on the ground that the parties have settled the whole dispute amicably out of Court, and that the persons injured in the incident are not interested in prosecution.
2. This is not a case involving any public interest or public issue. The dispute is purely personal in nature and the grievance is also personal. The Hon'ble Supreme Court has in so many decisions made some guidelines for exercise of jurisdiction under Section 482 of the Code of Criminal Procedure in cases involving non-compoundable offences. The Hon'ble Supreme Court Crl.M.C No.5231 of 2014 2 has held that even in such cases where composition as such is not possible under the law, the High Court can exercise jurisdiction under Section 482 of the Code of Criminal Procedure and quash the prosecution, if the Court is well satisfied that the parties have really come to terms amicably and resolved the whole dispute forever. If continuance of prosecution in such a situation will do nothing but harm and hardship to the parties, and will cause sheer waste of time, the court can very well close the prosecution accepting the settlement. In this case I am well satisfied from the affidavit filed by the injured persons that they have really settled the whole dispute, that they have no interest in the prosecution and that continuance of this prosecution will be a sheer waste of time. In the result, this Criminal Miscellaneous Case is allowed. The prosecution pending against the petitioners herein in C.C No.829/2009 in the Judicial First Class Magistrate Court, Thiruvalla will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners, will stand discharged. P.UBAID JUDGE ab