Kerala High Court
Vineeth Kumar vs Ebin Varghese John on 16 October, 2014
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 16TH DAY OF OCTOBER 2014/24TH ASWINA, 1936
Crl.MC.No. 5845 of 2014 ()
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AGAINST IN CC 710/2012 of J.M.F.C.-I,PATHANAMTHITTA
CRIME NO. 238/2012 OF ARANMULA POLICE STATION , PATHANAMTITTA
PETITIONER(S)/ACCUSED:
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1. VINEETH KUMAR, AGED 22 YEARS,
S/O.VIJAYAN PILLAI,
KAVUMPURATH HOUSE,
THAZHAM MURI, THAZHAM P.O,
MALAYALAPPUZHA VILLAGE,
PATHANAMTHITTA DISTRICT - 689 666.
2. ABHILASH, AGED 23 YEARS,
S/O.SREEDHARAN,
THUNDIYIL HOUSE,
ERAM MURI,
MALAYALAPUZHA VILLAGE,
PATHANAMTHITTA DISTRICT - 689 666.
3. MANU P.R, AGED 23 YEARS,
S/O. RAMACHANDRAN,
PUTHENVEEDU, MANGARAM MURI,
KONNI VILLAGE,
PATHANAMTHITTA DISTRICT - 689 691.
4. VISHNU KUMAR, AGED 23 YEARS,
S/O. BABU, KOTTUTHALAMEMURI HOUSE,
NARANGANAM WEST MURI,
NARANGANAM VILLAGE,
PATHANAMTHITTA DISTRICT - 689 642.
5. PRAVEEN S.NAIR, AGED 21 YEARS,
S/O.SASIDHARAN NAIR,
MEPRATHUTHAZHE VEEDU,
KANJUKARA MURI,
AYIROOR VILLAGE,
PATHANAMTHITTA DISTRICT - 689 612.
BY ADV. SRI.AJEESH K.SASI
Crl.MC.No. 5845 of 2014
-2-
RESPONDENT(S):
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1. EBIN VARGHESE JOHN, AGED 22 YEARS,
S/O.GEORGE MATHEW,
THOLOOR HOUSE,
THEKKEMALA MURI,
KOZHENCHERRY TALUK
2. ABHISHEK ALAN, AGED 22 YEARS,
S/O.ALAN ISSAC.,
KANJANA MANNIL HOUSE,
THARAYIL MUKKU,
ARANMULA MURI,
KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT - 689 533.
3. STATE OF KERALA REPRESENTED BY
PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
R1 & R2 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
R3 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-
10-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 5845 of 2014
APPENDIX
PETITIONERS EXHIBITS:
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ANNEXURE A: TRUE COPY OF THE FINAL REPORT IN CRIME NO.238/2012
OF ARANMULA POLICE STATION
ANNEXURE B: THE AFFIDAVIT SWORN IN BY THE DE FACTO COMPLAINANT
(CW1)/1ST RESPONDENT SIGNIFYIING THE FACTUM OF SETTLEMENT
COMPOSITION OF THE DISPUTES WITH THE PETITIONERS
ANNEXURE C: THE AFFIDAVIT SWORN IN BY THE 2ND RESPONDENT/(CW2)
SIGNIFYING THE FACTUM OF SETTLEMENT COMPOSITION OF THE DISPUTES
WITH THE PETITIONERS
RESPONDENTS EXHIBITS:
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/TRUE COPY/
P.S TO JUDGE
P.UBAID, J.
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Crl.M.C No.5845 of 2014
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Dated this the 16th October, 2014
O R D E R
The petitioners herein are the accused in C.C No.710 of 2012 of the Judicial First Class Magistrate Court-I, Pathanamthitta. Crime in the said case was registered on the complaint of one Ebin Varghese John, under Sections 143, 147, 149, 341 and 323 of Indian Penal Code. On final report, the learned Magistrate took cognizance under the above Sections. Now the accused seek orders under Section 482 of the Code of Criminal Procedure quashing the prosecution on the ground that they and the injured persons have come to terms out of court, and that continuance of prosecution will not serve any purpose. Of course, the main offence in this case is compoundable under the law. The petitioners seek order under Section 482 of the Code of Criminal Procedure, because the offences under Sections 143 and 147 are also involved. The persons who sustained injuries, including the first informant are respondents 1 and 2 in this proceeding. They Crl.M.C No.5845 of 2014 2 have filed affidavit to the effect that they have settled the dispute with the accused, and that they have no grievance or complaint. I am well satisfied that the parties have really settled the whole dispute, and continuance of prosecution will not serve any purpose, other than wasting the precious time of the trial court.
In the result, this petition is allowed. The prosecution against the petitioners herein in C.C No.710 of 2012 of the Judicial First Class Magistrate Court-I, Pathanamthitta will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
Sd/-
P.UBAID JUDGE ma /True copy/ P.S to Judge