Kerala High Court
Manoj vs State Of Kerala on 20 December, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 12TH DAY OF APRIL 2017/22ND CHAITHRA, 1939
CRL.A.No. 86 of 2009 (A)
-------------------------
AGAINST THE JUDGMENT IN SC 521/2007 of II ADDITIONAL
COURT, ERNAKULAM DATED 20-12-2008
APPELLANTS/ACCUSED :-
----------------------
1. MANOJ, S/O.MANOHARAN,
PUNNAKKAPPALLY HOUSE,
C.C.XIX/1070 C,
NELSON MANDELA ROAD,
PALLURTHY VILLAGE. (ACCUSED NO.1)
2. VINESH, S/O.VIJAYAN @ GAS VIJAYAN,
KAMMATHIMADOM HOUSE, RESIDING AT C/O.KAKKO,
H.NO.XIX/133, KOOLEDATHU PARAMBIL, SDPY ROAD,
PALLURUTHY VILLAGE. (ACCUSED NO.2)
3. JAS RONER PERERA @ RONY, S/O.JOHN PERERA,
VADAYANEZHATHU HOUSE, CC.XVII/1323,
NAMBIAPURAM ROAD,
PALLURUTHY VILLAGE. (ACCUSED NO.3)
4. SUNISH @ KUTTAN , S/O.BOSE,
CHUMATHARA HOUSE, C.C.XIX/2195,
NEAR KURISUPARA, PIPELINE ROAD,
PALLURUTHY VILLAGE. (ACCUSED NO.4)
5. MANEESH, S/O.VIJAYAN @ GAS VIJAYAN,
KAMMATHIMADOM HOUSE, RESIDING AT.C/O.KAKKO,
CC.XIX/13330, KOOLEZHATHU PARAMBIL,
SDPY ROAD, PALLURUTHY VILLAGE.(ACCUSED NO.5)
6. ANTONY @ RAJESH @ RAJI, S/O.JOSEPH,
VILAKKUMADOM HOUSE, C.C.XX/583,
SDPY ROAD, PALLURTHY VILLAGE.(ACCUSED NO.6)
7. SATHEESH KUMAR @ THAMBU,
S/O.PALLANY SWAMY CHETTIYAR,
CHELAYI HOUSE, BACKSIDE OF
NEW KSEB OFFICE, PANCHAYATHU RAJ ROAD,
THANGAL NAGAR DESOM, RAMESWARAM VILLAGE.(ACCUSED NO.7)
CRL.A.No. 86 of 2009 (A)
------------------------
(2)
8. SHINE, S/O.BABU,
THAREPARAMBIL HOUSE,
PIPELINE ROAD, PALLURUTHY KARA,
RAMESWARAM VILLAGE. (ACCUSED NO.8)
BY ADV. SRI.S.NIRMAL KUMAR
RESPONDENT/COMPLAINANT :-
--------------------------
STATE OF KERALA, REPRESENTED BY
THE CIRCLE INSPECTOR OF POLICE,
PALLURUTHY POLICE STATION IN
(CRIME NO.136/2007 OF KOCHI CUSBA
POLICE STATION), REPRESENTED BY
THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R BY SRI.C.N.PRABHAKARAN, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
12-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rkj
P.UBAID, J.
============================
Crl.Appeal No.86 of 2009
============================
Dated this the 12th day of April, 2017
JUDGMENT
Crl.Appeal No.86/2009 is an appeal where a conviction under Sections 143, 147, 148, 447, 341, 323, 324 and 326 IPC is under challenge. Pending this appeal the parties came to terms, and settled the whole dispute. Accordingly, the victims filed the above application under Section 482 Cr.P.C. to quash the whole prosecution including the conviction and sentence. The defacto complainant and the other injured persons have filed affidavit in support of the application, to the effect that the whole dispute stands now amicably settled out of Court, and they have no complaint or grievance. The learned Public Prosecutor was directed to ascertain from the Station House Officer, whether the settlement reported to Court is genuine. On instructions, the learned Public prosecutor submitted that the parties have really come to Crl.Appeal No.86 of 2009 2 terms out of Court amicably, and the whole dispute between them stands resolved forever.
2. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non- compoundable offences, the prosecution can be quashed by the High Court, whatever be the stage of it, if the parties have really settled the whole dispute amicably out of court, and the settlement is acceptable to the Court as a genuine one. Here, I find such a genuine settlement between the parties. In such a situation of amicable settlement, continuance of the prosecution, or the present conviction and sentence, may cause hardship and embarrassment to the parties. I feel it appropriate to terminate the whole prosecution including conviction in the above situation.
In the result, this application is allowed. Accordingly, the conviction and sentence against the appellants under Sections 143, 147, 148, 447, 341, 323, 324 and 326 IPC in S.C.No.521 of 2007 of the Court of Session, Ernakulam as per the judgment dated 20.12.2008 Crl.Appeal No.86 of 2009 3 will stand set aside, the whole prosecution will stand terminated, and the appeal will stand disposed of accordingly. The bail bond, if any, executed by the appellants will stand discharged.
Sd/-
P.UBAID,JUDGE rkj //TRUE COPY// P.A. TO JUDGE