Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE17H DAY OF OCTOBER201425TH ASWINA, 1936 Crl.MC.No. 5880 of 2014 () --------------------------- AGAINST THE JUDGMENT
IN CC2172012 of J.M.F.C.,VADAKARA CRIME NO. 1385/2011 OF VATAGARA POLICE STATION , KOZHIKODE PETITIONER(S)/ACCUSED NO.2 & 4: ------------------------------------------ 1. RINEESH AGED35YEARS S/O.KANARAN, MALAYIL HOUSE, PONMERI PARAMBU.P.O. VATAKARA THALUK.
2. MANI M AGED35YEARS S/O.BALAN, MOTTEMMAL HOUSE, P.O.PONMERIPARAMBU VATAKARA THALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S)/COMPLAINANT: -------------------------------------- 1. ASIF ALI, AGED22YEARS S/O.ASHRAF, CHRIPOYIL HOUSE, VILLIAPPALLI.P.O. VATAKARA THALUK. PIN-673 101.
2. RAMSHAD M.K, AGED22YEARS S/O.USMAN, MUKRICHEENTAVIDE HOUSE, VILLIAPPALLI.P.O. VATAKARA THALUK. PIN-673 101.
3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.. R1-R2 BY ADV. SMT.P.A.ANEESHA R3 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON1710-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 5880 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE I- TRUE COPY OF F.I.R, WITNESS LIST AND THE POLICE CHARGE IN CRIME NO.1385/2011 OF VATAKARA POLICE STATION. ANNEXURE II- CERTIFIED COPY OF THE JUDGMENT
IN C.C.217/2012 OF J.F.C.M. COURT VATAKARA. ANNEXURE III- SWORN AFFIDAVIT OF1T RESPONDENT. ANNEXURE IV- SWORN AFFIDAVIT OF2D RESPONDENT. RESPONDENT(S)' EXHIBITS -------------------------------- /TRUE COPY/ P.S TO JUDGE P.UBAID, J.
~~~~~~~~~~ Crl.M.C No.5880 of 2014 ~~~~~~~~~~~ Dated this the 17th October, 2014 ORDER
The petitioners herein are the original accused Nos.2 and 4 in Crime No.1385 of 2011 of Vatakara Police Station. Crime in the said case was registered on the complaint of one Asif Ali. Cognizance on the final report submitted by the police was taken by the learned Magistrate as C.C No.217 of 2012 under Sections 143, 1437, 148, 323, 341, 324 and 427 of Indian Penal Code. The original accused Nos.1, 3 and 5 faced trial in the said case and obtained a judgment of acquittal under Section 248 (1) of the Code of Criminal Procedure, when all the material witnesses turned hostile during trial in view of an amicable settlement arrived at out of court. Composition as such was not possible because non compoundable offences are involved. Now the remaining accused Nos.2 and 4, whose case was split up and refiled as C.C No.1237 of 2014, are before this Court under Section 482 of the Code of Criminal Procedure to quash the prosecution on the ground that they and the Crl.M.C No.5880 of 2014 2 injured persons have amicably settled the whole dispute.
2. Annexure-II judgment of the trial court in C.C No.217 of 2012 shows that the other three accused obtained orders of acquittal, when the material witnesses did not in any manner support the prosecution. I find that they turned hostile in view of the amicable settlement made out of court. Composition as such was not possible before the trial court because the offences except those under Sections 341, 323 and 427 of Indian Penal Code are not compoundable under the law. The injured persons, Asif Ali and Ramshad are respondents 1 and 2 in this proceeding. They have filed affidavit to the effect that they have settled the whole dispute with the petitioners and others, and that they have no complaint or grievance now. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can act under Section 482 Cr.P.C and quash the prosecution, if the parties have really settled the dispute. I am well satisfied that the parties in this case have really settled the dispute, and that continuance of prosecution will not serve Crl.M.C No.5880 of 2014 3 any purpose. I find that the material witnesses will not in any manner support the prosecution, if the trial as against the petitioners herein proceeds, and that continuance of prosecution will be a sheer waste of time. In the result, this petition is allowed. The prosecution against the petitioners in C.C. 1237 of 2014 of the Judicial First Class Magistrate Court, Vatakara 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 them will stand discharged. Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge