Kerala High Court
Saneesh vs Kalesh on 31 January, 2014
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY,THE 14TH DAY OF NOVEMBER 2014/23RD KARTHIKA, 1936
Crl.MC.No. 4525 of 2014 ()
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CRIME NO. 59/2014 OF MEENANGADI POLICE STATION , WAYANAD
PETITIONERS/ACCUSED 1 TO 6:
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1. SANEESH, AGED 25 YEARS
S/O.BALAN, MADOOR HOUSE, VAKERY POST
SULTHANBATHERY, WAYANAD DISTRICT
2. RAJESH, AGED 34 YEARS
S/O.KESAVAN, MANJALAMKAITHA HOUSE, VAKERY POST
SULTHANBATHERY, WAYANAD DISTRICT
3. SANTHOSH M.B, AGED 30 YEARS
S/O.BALAN, MADOOR HOUSE, VAKERY POST
SULTHANBATHERY, WAYANAD DISTRICT
4. AJAYAN M.G, AGED 31 YEARS
S/O.GOVINDAN, MADOOR HOUSE, VAKERY POST
SULTHANBATHERY, WAYANAD DISTRICT
5. DHANOOP M.R, AGED 23 YEARS
S/O.THAMBI, MADOOR HOUSE, VAKERY POST
SULTHANBATHERY, WAYANAD DISTRICT
6. RAGHU M.G, AGED 35 YEARS
S/O.GOPALAN, MADOOR HOUSE, VAKERY POST
SULTHANBATHERY, WAYANAD DISTRICT
BY ADVS.SRI.P.R.SREEJITH
SRI.M.PROMODH KUMAR
SMT.MAYA CHANDRAN
RESPONDENTS/STATE:
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1. KALESH, AGED 30 YEARS
S/O.THAMBI, SATHYALAYAM, VAKERI P.O
SULTHAN BATHERY, WAYANAD DISTRICT 673 592
2. BASHEER, AGED 27 YEARS
S/O.USMAN, KUTTASSEREY VAKERI(PO) SULTHAN BATHERY
WAYANAD DISTRICT 673 592
Crl.MC.No. 4525 of 2014 ()
3. JITHIN GHOSH, AGED 28 YEARS
S/O. CHANDRASEKHARAN, PALISAKKODE, VAKERI(PO)
SULTHAN BATHERY, WAYNAD DISTRICT 673 592
4. STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM 682 031
R BY SRI.K.B.SAJEESH
R4 BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14-11-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 4525 of 2014 ()
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APPENDIX
PETITIONERS' ANNEXURES
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ANNEXURE 1 CERTIFIED COPY OF THE FIR CRIME NO 59/2014 DATED 31-01-2014 OF
MEENANGADI POLICE STATION,WAYANAD DISTRICT
ANNEXURE 2 TRUE COPY OF THE NOTARIZED AFFIDAVIT DATED 04-08-2014 ISSUED
BY THE RESPONDENTS 1 TO 3
ANNEXURE 3 TRUE COPY OF THE CHARGE SHEET IN CRIME NO.59/2014 DATED
1.8.2014 OF MEENANGADI POLICE
RESPONDENTS' ANNEXURES
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NIL
//True copy//
P.A. TO JUDGE
shg/
P. UBAID, J.
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Crl.M.C. No. 4525 Of 2014
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Dated this the 14th day of November, 2014
O R D E R
The petitioners herein are the six accused in Crime No. 59/2014 of the Meenangadi Police Station of Wayanad District. On the final report submitted by the police, the learned Judicial First Class Magistrate Court-I, Sulthan Batheri took cognizance as C.C.No. 630/2014. The petitioners now seek orders quashing the prosecution, on the ground that they and the injured persons including the defacto complainant have settled the dispute amicably out of court. Crime in the said was registered under Sections 341,323,324 and 34 IPC, on the complaint of one Kalesh, that the petitioners herein assaulted him and his friends Basheer and Jithin Ghosh, in connection with some dispute, and inflicted injuries on their body with weapons. The said Kalesh and others are respondents 1 to 3 in this proceeding. They have filed affidavit to the effect that they have settled the dispute with the petitioners, and they have no complaint or grievance now. I am well satisfied that there is a real and genuine settlement Crl.M.C.. No. 4525/2014 2 between the parties, and that continuance of prosecution in such a situation will not serve any purpose. Orders under Section 482 Cr.P.C. are sought because composition as such is not possible under the law, when the offence under Section 324 IPC is non- compoundable, after the amendment to the Cr.P.C. When there is a real settlement, it is definite that the material witnesses will not support the prosecution, if the case goes to trial. In so many decisions, the Honourable Supreme Court has held that even in cases involving non-compoundable offences the High Court can quash the prosecution, if continuance of prosecution will not serve any purpose.
In the result, this Crl.M.C. is allowed. The prosecution as against the petitioners herein in C.C. No. 630/2014 (Crime No. 59/2014 of the Meenangadi Police Station of Wayanad District) of the Judicial First Class Magistrate Court-I, Sulthan Batheri, will stand quashed under Section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution. The bail bond, if any, executed by them will stand discharged.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE