Petitioners sought to quash criminal proceedings alleging an amicable settlement with the complainant. The Court found a genuine settlement, no public interest, and held that further prosecution would serve no purpose.
Prosecution against petitioners in C.C. No. 2485/2013 quashed; petitioners released from prosecution and bail bond discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936
Crl.MC.No. 309 of 2015 ()
CC 2485/2013 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDRUG CRIME NO. 1153/2011 OF HOSDURG POLICE STATION, KASARGOD DISTRICT ===================
PETITIONERS/A1 TO A6:
1. AJEESH M., AGED 23 YEARS S/O.ACHUTHAN, MUKKUD, RAVANESHWARAM CHITHARI VILLAGE, KASARAGOD DISTRICT.
2. DINESHAN, AGED 35 YEARS S/O.BOLLAN, KULLATHIGAL, RAVANESHWARAM CHITHARI VILLAGE, KASARAGOD DISTRICT.
3. PRADEESH, AGED 32 YEARS S/O.CHANDRAN, KUNNUMAL CHIRAKKAL, RAVANESHWARAM CHITHARI VILLAGE, KASARAGOD DISTRICT.
4. SHIJITH C., AGED 25 YEARS S/O.JAYAN, KUNNUMAL CHIRAKKAL, MUKKUD CHITHARI VILLAGE, KASARAGOD DISTRICT.
5. NARAYANAN, AGED 31 YEARS S/O.KRISHNAN, MUKKUD, KUNNUMAL CHIRAKKAL CHITHARI VILLAGE, KASARAGOD DISTRICT.
6. KUNHIRAMAN, AGED 27 YEARS S/O.KRISHNAN, ORAVANGARA, CHITHARI VILLAGE KASARAGOD DISTRICT.
BY ADV. SRI.S.VISHNU (TRIPUNITHURA)
RESPONDENTS/COMPLAINANT:
1. STATE OF KERALA THROUGH THE BY THE S.I. OF POLICE HOSDURG (CRIME 1153/11 OF HOSDURG POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA.
2. ZUHARA, AGED 39 YEARS W/O.MUHAMMED KUNHI, ZUHARA MANZIL, KOTTILANGAD CHITHARI VILLAGE, KASARAGOD-671 316.
R2 BY ADV. SRI.C.M.JUNAIR R BY PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 309 of 2015 ()
APPENDIX
PETITIONERS' EXHIBITS
ANNEXURE I : A CERTIFIED COPY OF THE FINAL REPORT AS C.C.2485/13 PENDING ON THE FILE OF JFCM-I COURT, HOSDURG.
ANNEXURE II : AFFIDAVIT SWORN BY CW1 IN ANNEXURE-I.
RESPONDENTS' EXHIBITS
NIL
// TRUE COPY // P.A. TO JUDGE
SD
P.UBAID, J.
Crl.M.C No.309 of 2015
Dated this the 12th March, 2015
O R D E R
The petitioners herein are the six accused in C.C.No.2485/2013 of the Judicial First Class Magistrate Court-I, Hosdurg. 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 143, 147, 148, 427, 452, 506(ii) and 153(A) read with 149 IPC on the complaint of one Zuhra, who 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 now.
Crl.M.C No.309 of 2015
2
interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides, and I am satisfied that the parties are now on quite cordial terms. 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 C.C.No.2485/2013 of the Judicial First Class Magistrate Court-I, Hosdurg 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/-
sd
1 issue framed by the court
Whether the High Court can quash prosecution under Section 482 CrPC in an offence involving an amicable settlement of a non-compoundable dispute.
1 provisions across 1 enactments
Ajeesh M. and others
State of Kerala
Zuhara
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
