The Court quashed the prosecution against the accused under Section 482 CrPC after finding that the parties had reached a genuine amicable settlement, rendering further proceedings futile even though the offences were non-compoundable.
Prosecution against petitioners in S.C.1167/2014 quashed; petitioners released from prosecution; 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 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937
Crl.MC.No. 6079 of 2015 ()
SC 1167/2014 of ADDITIONAL SESSIONS COURT-III, KOZHIKODE CRIME NO. 34/2014 OF THAMARASSERY POLICE STATION , KOZHIKODE DISTRICT ======================
PETITIONERS/ACCUSED:
1. ABOO, AGED 58 YEARS, SON OF BEERAN KUTTY
2. ABDUL RASHID, SON OF ABOO, AGED 28 YEARS, MOKAYIKKAL VETTIOZHINJA THOTTAM, KATTIPARA, KOZHIKODE DISTRICT.
3. HARRIS, SON OF ABOO
4. RASHIQUE, SON OF SUDHEER
5. RAFEEQUE, SON OF IBRAHIM
RESPONDENTS/STATE AND INJURED:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 682 031.
2. NADEERA, W/O.ASHRAF 38 YEARS, POMBACHLIL HOUSE, KATTIPARA THEKKINTHOTTAM, KOZHIKODE DISTRICT- 673 001.
3. ASHRAF, SON OF KHADER AGED 45 YEARS, POMBACHLIL HOUSE, KATTIPARA THEKKINTHOTTAM, KOZHIKODE DISTRICT- 673 001.
4. ASHIK, SON OF ASHRAF 22 YEARS, POMBACHLIL HOUSE, KATTIPARA THEKKINTHOTTAM, KOZHIKODE DISTRICT- 673 001.
R2-R4 BY ADV. SRI.B.HARISH KUMAR R BY PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10-092015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6079 of 2015 ()
APPENDIX
PETITIONERS' EXHIBITS
ANNX.1 - COPY OF THE FIR AND CHARGE SUBMITTED BY THE POLICE IN CRIME 34/14 (LEADING TO SC 1167/14 BEFORE THE 3RD ADDITIONAL SESSIONS COURT, KOZHIKODE)
ANNX.2 - AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT
ANNX.3 - AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT
ANNX.4 - AFFIDAVIT SWORN TO BY THE 4TH RESPONDENT.
RESPONDENTS' EXHIBITS
NIL
TRUE COPY
P.A. TO JUDGE
SD
P. UBAID, J.
Crl.M.C. No.6079 of 2015
Dated this the 10th day of September, 2015
O R D E R
The petitioners herein are the accused in S.C.1167/2014 of the Additional Sessions Court, Kozhikode. 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, 452, 323, 324 308 and 427 read with 149 IPC, on the complaint of one Nadeera, 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. The other persons who sustained injuries in the alleged incident are the 3rd and 4th respondents in this proceeding. They have also filed affidavit to the effect that they have settled the whole dispute with the accused and they have no grievance or complaint now.
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Crl.M.C.. No. 6079/2015
of a purely hypothetical statement. Any way, the dispute stands resolved forever.
In the result, this petition is allowed. The prosecution against the petitioners herein in S.C.1167/2014 of the Additional Sessions Court, Kozhikode will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will
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stand released from prosecution and the bail bond, if any, executed by them will stand discharged.
Sd/-
P. UBAID, JUDGE
sd
2 issues framed by the court
Whether the prosecution can be quashed on the ground of amicable settlement of the dispute in a case involving non-compoundable offences.
Whether the High Court is satisfied that the parties have genuinely settled the dispute and there is no public interest in continuing the prosecution.
1 provisions across 1 enactments
Aboo
Abdul Rashid
Harris
Rashique
Rafeeque
Nadeera
P. Ubaid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
