Kerala High Court
Shamnad P vs State Of Kerala on 23 January, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940
Crl.MC.No. 8144 of 2018
CC 1256/2017 of J.M.F.C.-II,HOSDRUG
CRIME NO. 487/2017 OF BEKAL POLICE STATION, KASARGOD
PETITIONER/ACCUSED:
SHAMNAD P.,
AGED 19 YEARS
S/O.MOHAMMED.P., PALLIPUZHA HOUSE,
PALLIKKARA (VIA), BEKAL P.O.,
HOSDURG TALUK.
BY ADV. SRI.A.ARUNKUMAR
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682031.
2 MUHAMMED AHRAS K.A.,
AGED 18 YEARS
S/O.AHAMMED, R/AT AYYANGOL HOUSE,
KALANAD VILLAGE,
HOSDURG TALUK - 671 315
BY ADV. SRI.VIPIN T JOSE
SRI B JAYASURYA PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8144 of 2018 2
ORDER
This petition is filed under Section 482 of the Code of Criminal Procedure ("the Code" for brevity).
2. The petitioner herein is the accused in C.C No.1256 of 2017 on the file of the Judicial First Class Magistrate Court-II, Hosdurg. In the aforesaid case, he stands indicted for having committed offences punishable under Sections 341, 323, 324 r/w. Section 34 of the IPC.
3. According to the prosecution, the petitioner herein and the other accused, who are juveniles, were students of the Hydros Jamath Higher Secondary School. On 2.8.2017, at 1.30 pm., they are alleged to have attacked the 2nd respondent causing injuries.
4. I have heard the learned counsel appearing for the petitioner, the party respondent and the learned Public Prosecutor. It is submitted that the entire disputes between the parties have been amicably resolved. Reliance is placed by the learned counsel on the affidavit filed by the 2 nd respondent to buttress his submission. It is urged that the dispute is purely personal in nature and would not Crl.MC.No. 8144 of 2018 3 affect public peace or tranquility. Summing up, it is prayed that the criminal proceedings be terminated to promote peace and harmony.
5. The learned Public Prosecutor has obtained instructions. He submitted that the statement of the 2 nd respondent has been recorded and the State has no objection in terminating the proceedings as it involves no public interest.
6. I have considered the submissions advanced and have perused the materials on record.
7. In Gian Singh v. State of Punjab [(2012) 10 SCC 303] and in Narinder Singh v. State of Punjab [(2014) 6 SCC 466], the Apex Court has laid down that in appropriate cases, the High Court can take note of the amicable resolution of disputes between the victim and the wrongdoer to put an end to the criminal proceedings.
8. The offence committed by the petitioner cannot be said to be grave and serious having ingredients of extreme mental depravity. It also does not appear that the offence in this case will have a serious impact on the society. It is felt that quashing of proceedings on Crl.MC.No. 8144 of 2018 4 account of compromise would bring about peace and secure the ends of justice. Even otherwise, persisting with the prosecution would be nothing but a waste of time as the prospects of conviction is bleak. Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extraordinary powers under Section 482 of the Code to quash the proceedings.
In the result, this petition will stand allowed. Annexure-II final report all further proceedings pursuant thereto against the petitioner in C.C.No.1256 of 2017 on the file of the Judicial First Class Magistrate Court-II, Hosdurg are quashed.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE IAP //TRUE COPY// P.A. TO JUDGE Crl.MC.No. 8144 of 2018 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE AI A TRUE COPY OF THE F.I.R. IN CRIME NO.487 OF 2017 OF BEKAL POLICE STATION. ANNEXURE AII A TRUE COPY OF THE FINAL REPORT IN CRIME NO.487 OF 2017 OF BEKAL POLICE STATION. ANNEXURE AIII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL