High Court allowed criminal miscellaneous petition filed by third accused to quash prosecution on grounds of genuine amicable settlement with de facto complainant.
Prosecution quashed; petitioner released; 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
FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941
Crl.M.C.No.3570 of 2019
CC 2256/2017 of JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDRUG
CRIME NO.652/2016 OF Chandera Police Station, Kasaragod
PETITIONER/THIRD ACCUSED :
ABDUL SAMAD B.S., AGED 21 YEARS, S/O.NASAR, RESIDING AT KAIPPAD HOUSE, KAIPPAD, PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI
RESPONDENTS/STATE :
1 THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, CHENDERA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2 SHYAMRAJ K., AGED 19 YEARS, S/O.RAJU, RESIDING AT KOOLERI HOUSE, BEECHARAKADAVE,VALIYAPARAMBA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671310.
3 MUHAMMED ANAS P, AGED 19 YEARS, S/O.HAMZA, RESIDING AT C.P.HOUSE, POTTACHAL,UDINOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671310.
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5 VIPIN M.V., AGED 19 YEARS, S/O.VINODAN, RESIDING AT MURKKAN VALAPPIL HOUSE, PUTHIYAPURAYIL, MAVILAKADAPPURAM, VALIYAPARAMBA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671310.
6 AMALDAS C., AGED 19 YEARS, S/O. DASAN, RESIDING AT BARIKALLI HOUSE, THEKKEKAD, PADNE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671312.
7 ATHUL K.K., AGED 19 YEARS, S/O.MADHUSUJDHANAN, RESIDING AT KUTHIRUMMAL HOUSE, PADNEKADAPPURAM, VALIYAPARAMBA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671 310.
8 SOORAJ P.P., AGED 19 YEARS, S/O.SREEDHARAN, RESIDING AT PUTHIYAPURAYIL HOUSE, PADNEKADAPPURAM, VALIYAPARAMBA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671310.
BY ADV. SMT.G.SANGEETHA
OTHER PRESENT:
SRI AJITH MURALI-PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
The petitioner herein is the third accused in C.C.No. 2256 of 2017 of the Judicial First Class Magistrate Court-I, Hosdurg. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 143, 147, 341, 323, 324 and 506 read with Section 149 IPC on the complaint of one Shyamraj, who is the 2nd respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. He has filed affidavit to the effect that he has settled the whole dispute with the accused, and he has no grievance or complaint now. The other persons involved in the offence alleged are juveniles, and their case is before the Juvenile Court.
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involving any public 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 petitioner herein in C.C.No. 2256 of 2017 of the Judicial First Class Magistrate Court-I, Hosdurg will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged.
Sd/-
P.UBAID
JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | THE TRUE CERTIFIED | COPY | OF THE FIR IN CRIME |
|---|---|---|---|
| NO.652/2016 OF CHAN | DERA | POLICE STATION, | |
| KASARAGOD DISTRICT. |
| ANNEXURE A2 | THE IN STA |
TRUE CERTIFIED CRIME NO.652/201 TION, KASARAGOD |
COPY OF THE FINAL REPORT 6 OF CHANDERA POLICE DISTRICT. |
|---|---|---|---|
| ANNEXURE A3 | THE THE |
AFFIDAVIT DATED 2ND RESPONDENT. |
20/5/2019 SWORN IN BY |
| ANNEXURE A4 | THE THE |
AFFIDAVIT DATED 3RD RESPONDENT. |
20/5/2019 SWORN IN BY |
| ANNEXURE A5 | THE THE |
AFFIDAVIT DATED 4TH RESPONDENT. |
20/5/2019 SWORN IN BY |
| ANNEXURE A6 | THE THE |
AFFIDAVIT DATED 5TH RESPONDENT. |
20/5/2019 SWORN IN BY |
| ANNEXURE A7 | THE THE |
AFFIDAVIT DATED 6TH RESPONDENT. |
20/5/2019 SWORN IN BY |
| ANNEXURE A8 | THE THE |
AFFIDAVIT DATED 7TH RESPONDENT. |
20/5/2019 SWORN IN BY |
| ANNEXURE A9 | THE THE |
AFFIDAVIT DATED 8TH RESPONDENT. |
20/5/2019 SWORN IN BY |
2 issues framed by the court
Whether the prosecution can be quashed under Section 482 CrPC due to amicable settlement between the accused and the de facto complainant though the offences are non-compoundable.
Whether the high court is satisfied that the dispute has been setled amicably and continuance of proceedings serves no purpose.
1 provisions across 1 enactments
ABDUL SAMAD B.S.
THE STATE OF KERALA
SHYAMRAJ K.
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
