IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE24H DAY OF SEPTEMBER20142ND ASWINA, 1936 Crl.MC.No. 5399 of 2014 () --------------------------- AGAINST LPC442014 of J.M.F.C.-I,HOSDRUG CRIME NO. 115/2008 OF HOSDURG POLICE STATION , KASARGOD PETITIONERS/ACCUSED: -------------------------- NOUFEL @ NOUFEL .C.H., AGED28YEARS, S/O.UMBAYI @ IBRAHIM, CHAMUNDIKKUNNU, P.V.K HOUSE, CHITHARI VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/DE FACTO COMPLAINANT/CW1 & STATE OF KERALA: -------------------------------------------------------------------------- 1. STATE OF KERALA - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. M.P. RAJAN, AGED42YEARS, S/O. KUTTAN.P (LAGE)MEETHALPURA HOUSE, ORAVANGARA, RAVANESWARAM P.O., CHITHARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT - 671 313.. R2 BY ADV. SRI.AJEESH K.SASI R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2409-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 5399 of 2014 APPENDIX PETITIONERS EXHIBITS: ANNEXURE A1: TRUE COPY OF THE FIR DATED1402.2008 IN CRIME NO.115 OF2009OF HOSDURG POLICE STATION ANNEXURE A2: TRUE COPY OF THE RELEVANT PAGES OF THE FINAL REPORT DATED284.2008 IN CRIME NO.115/2008 OF HOSDURG POLICE STATION AS NUMBERED AS C.C664OF2009OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEXURE A3: TRUE COPY OF THE JUDGMENT
IN CC NO.664/2008 DATED294.2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEXURE A4: TRUE COPY OF THE JUDGMENT
DATED2202.2014 IN C.C NO.557/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, HOSDURG. ANNEXURE A4 (a): A TRUE COPY OF THE DOCKET SHEET IN LPC NO.44 OF2014OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG. ANNEXURE A5: TRUE COPY OF THE AFFIDAVIT DATED268.2014 SIGNED BEFORE AN ADVOCATE NOTARY BY THE DE FACTO COMPLAINANT/2ND RESPONDENT. RESPONDENTS EXHIBITS: /TRUE COPY/ P.S TO JUDGE P.UBAID, J.
~~~~~~~~~~ Crl.M.C No.5399 of 2014 ~~~~~~~~~~~ Dated this the 24th September, 2014 ORDER
The petitioners herein are two of the accused in Crime No.115 of 2008 of Hosdurg Police Station of Kasaragod District registered under Sections 143, 147, 148, 448 and 427 I.P.C. The case against them is now pending before the Judicial First Class Magistrate Court-I, Hosdurg in the long pending register as LPC No.44 of 2014. The other accused in the crime faced trial and obtained order of acquittal. Now, these petitioners seek orders under Section 482, Cr.P.C quashing the prosecution as against them on the ground that they have settled the whole dispute with the de facto complainant in view of the acquittal of others, and that no purpose will be served by proceeding with the prosecution.
2. The person who sustained injuries and who lodged the F.I. Statement is one M.P. Rajan. He is the 2nd respondent herein. He has filed affidavit to the effect that he has settled the whole dispute amicably with the Crl.M.C No.5399 of 2014 2 accused, and that he has no grievance or complaint. The major offences in this case are compoundable, but the offence under Sections 143 and 147 are not compoundable under the law. I am well satisfied that the parties have really settled the whole dispute, that the de facto complainant has no grievance or complaint now, and that continuance of this prosecution will not serve any purpose. The other accused already stand acquitted on trial. In the present circumstances, I am inclined to apply the guidelines made by the Hon'ble Supreme Court, and quash the prosecution. In the result, this petition is allowed. The criminal prosecution against the petitioners pending before the Judicial First Class Magistrate Court-I, Hosdurg as C.C482of 2014, which stands transferred to the Long Pending Register as L.P.C44of 2014 will stand quashed under Section 482 of Cr.P.C and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged. Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge