In a criminal miscellaneous case, the court allowed a petition to quash a prosecution for assault and offense under the Juvenile Justice Act, as the dispute was amicably settled between the parties and continued prosecution would serve no purpose.
The prosecution against the petitioner in S.C.486 of 2013 of the Additional Sessions Court, Manjeri is quashed.
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
TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937
Crl.MC.No. 6182 of 2015 ()
S.C. NO. 486/2013 OF THE ADDITIONAL SESSIONS COURT, MANJERI CRIME NO. 802/2012 OF CHANGARAMKULAM POLICE STATION , MALAPPURAM
PETITIONER/ACCUSED:
A.R.SUNIL, AGED 43 YEARS, S/O. RAGHAVAN, AYYAVALAPPIL HOUSE, NANNAMUKKU, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE & INJURED & DEFACTO COMPLAINANT:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 682 031 – FOR THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT.
2. HONEY, D.O. JAYAPRAKASH, IRUDIKAVIL HOUSE, KALADITHARA DESOM, KUTTIPALA AMSOM, PONNANI TALUK, MALAPPURAM DISTRICT, PIN – 676 501.
3. YAYAPRAKASH, S/O. KUNHUNNI, IRUDIKAVIL HOUSE, KALADITHARA DESOM, KUTTIPALA AMSOM, PONNANI TALUK, MALAPPURAM DISTRICT, PIN – 676 501.
R 2-3 BY ADV. SMT.K.NISHA R BY PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6182 of 2015 ()
APPENDIX
PETITIONER(S)' ANNEXURE:
ANNEXURE A: TRUE COPY OF THE CHARGE/FINAL REPORT IN CRIME NO. 802/2012 OF THE CHANGARAMKULAM POLICE STATION.
ANNEXURE B: TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND AND 3RD RESPONDENTS DATED, 8-9-2015.
RESPONDENT (S)' ANNEXURE: NIL
/TRUE COPY/
P.A. TO JUDGE
AK
P.UBAID, J.
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Crl.M.C.No.6182 of 2015
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Dated this the 15th day of September, 2015
ORDER
The petitioner herein seeks orders quashing a prosecution involving the offence under Section 354 IPC, and under Section 23 of the Juvenile Justice Act (Care and Protection of Children) Act. The case is now pending as S.C.486 of 2013 before the First Additional Sessions Court, Manjeri. The prosecution allegation is that the petitioner herein pushed a girl student down from his bus. It is not known how a mere assault will involve the offence under Section 354 IPC. So also it is not known how such a complaint will attract a prosecution under Section 23 of the JJ Act. Anyway, the parties have now come to terms. The victim was aged 15 years on the date of complaint. Now she is aged 18 years. She has now filed affidavit that the whole dispute stands settled, that she happened to make complaint on some misapprehension, and that she has no grievance or complaint now. The Honourable Supreme Court has held in so many cases that even in cases involving non-
Crl.M.C.No.6182 of 2015
2
compoundable offences, the High Court can quash the prosecution, if continuance of the prosecution will not serve any purpose. Here, I find that the dispute stands amicably settled out of Court. The case does not involve any public interest or public issue. As regards the merits of the allegations I find that, what is at the most involved is only a simple case of assault. The said dispute now stands resolved. It is appropriate that the prosecution be quashed in such a situation, because, continuance of the prosecution will be a sheer waste of time, and nobody will support the prosecution if the case goes to trial.
In the result, this petition is allowed. The prosecution against the petitioner herein in S.C.486 of 2013 of the Additional Sessions Court, Manjeri will stand quashed under Section 482 of the Code of Criminal Procedure.
Sd/-
P.UBAID JUDGE
rkj
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the prosecution under Section 354 IPC and Section 23 of the Juvenile Justice Act can be quashed after the parties have settled the dispute
Whether the continuance of the prosecution serves any purpose after the dispute is amicably settled
Colour shows how this judgement treated each authority
Supreme CourtReferred¶31
3 provisions across 3 enactments
A.R.SUNIL
THE STATE OF KERALA
HONEY
YAYAPRAKASH
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
