Kerala High Court
Ajayakumar @ Ajayan vs State Of Kerala on 22 July, 2015
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937
Crl.MC.No. 4604 of 2015 ()
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CP.NO.4/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT- II,
MAVELIKKARA.
CRIME NO. 215/2014 OF NOORNADU POLICE STATION, ALAPPUZHA DISTRICT.
......
PETITIONERS/ACCUSED 1 TO 5:
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1. AJAYAKUMAR @ AJAYAN, AGED 21 YEARS,
S/O.RAVEENDRAN PILLAI, ARUN NIVAS, WARD NO.17,
ERUMAKUZHY MURI, PALAMEL, NOORNADU,
ALAPPUZHA.
2. SHYAM KUMAR, AGED 21 YEARS,
S/O.SASIDHARAN PILLAI, ROHINI,
ERUMAKUZHY, WARD NO.17, PANDALAYATHIL,
PALAMEL, NOORNADU, ALAPPUZHA.
3. GOPAN, AGED 29 YEARS,
S/O.GOPALAKRISHNAN NAIR, GOPAVILASOM,
WARD NO.14, PALAMEL, ALAPPUZHA.
4. THULASIDHARAN PILLAI,
AGED 47 YEARS, S/O.BHARGHAVAN PILLAI,
THARAYIL PUTHEN VEETTIL, ERUMAKUZHY MURI,
PALAMEL VILLAGE.
5. MURALI PILLAI, AGED 35 YEARS,
S/O.BHARGAVAN PILLAI, VIDHYA BHAVANAM,
PALAMEL, NOORNADU, ALAPPUZHA.
BY ADV. SMT.T.M.BINITHA.
RESPONDENT/COMPLAINANT/CW-1, 2, 3:
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1. STATE OF KERALA,
REP.BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. DIVAKARAN, AGED 48 YEARS,
S/O.DEVAN, LENIN BHAVANAM,
ERUMAKUZHY MURI, PALAMEL, NOORNADU,
ALAPPUZHA, PIN - 688 001.
Crl.MC.No. 4604 of 2015
3. ROHINI, AGED 43 YEARS, W/O.DIVAKARAN, -DO-.
4. LENIN, AGED 13 YEARS, S/O.DIVAKARAN,
-DO- REP. BY HIS FATHER DIVAKARAN, AGED 48 YEARS,
S/O.DEVAN, LENIN BHAVANAM, ERUMAKUZHY MURI,
PALAMEL, NOORNADU, ALAPPUZHA, PIN - 688 001.
R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN.
R2 TO R4 BY ADVS. SRI.R.SUNIL KUMAR,
SMT.A.SALINI LAL.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22-07-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 4604 of 2015
APPENDIX
PETITIONER'S ANNEXURES:-
ANNX.1- COPY OF THE FINAL REPORT.
ANNX.2 - AFFIDAVIT FILED BY THE 2ND, 3RD & 4TH RESPONDENT.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
ALEXANDER THOMAS, J.
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Crl.M.C No.4604 of 2015
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Dated this the 22nd day of July, 2015
O R D E R
The petitioners seek orders quashing the F.I.R and further proceedings in Crime No.215/2014 of Noornadu Police Station, registered under Sections 323, 506 (1) r/w 34 of IPC. Orders are sought on the ground of amicable settlement of the whole dispute between the accused and the de facto complainant out of court. The de facto complainant 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. The other persons who sustained injuries in the alleged incident are the respondent Nos.3 and 4. They have also filed affidavit to the effect that they have settled the dispute with the accused and they have no grievance or complaint now.
2. In a catena of decisions, the Apex Court has held that in appropriate cases involving even non-compoundable offences, the Crl.M.C No.4604 of 2015 - : 2 :-
High Court can quash prosecution by exercise of the powers under Sec.482 of the Cr.P.C., if the parties have really settled the whole dispute or if continuance of prosecution will not serve any purpose. Here, this Court finds a real case of settlement between the parties and it is also found that continuance of prosecution in such a situation will not serve any purpose other than wasting the precious time of the court, when the case ultimately comes before the court. On a perusal of the petition and on a close scrutiny of the investigation materials on record and the affidavit of settlement and taking into account the attendant facts and circumstances of this case, this Court is of the considered opinion that the legal principles laid down by the Apex Court in the cases as in Gian Singh v. State of Punjab reported in 2013 (1) SCC (Cri) 160 = (2012) 10 SCC 303 and Narinder Singh and others v. State of Punjab and anr. reported in (2014) 6 SCC 466, more particularly paragraph 29 thereof, could be applied in this case to consider the prayer for quashment.
Accordingly, the impugned F.I.R and further proceedings arising out of crime No.215 of 2014 of Noornadu Police Station, including all further proceedings arising out of C.P No.4/2015 on the file of the Judicial First Class Magistrate Court-II, Mavelikkara Crl.M.C No.4604 of 2015 - : 3 :-
pending against the petitioners herein will stand quashed under Section 482 of the Code of Criminal Procedure.
With these observations and directions this Crl.M.C stands finally disposed of.
sd/-
sab ALEXANDER THOMAS, JUDGE