Kerala High Court
Shyam Jith vs State Of Kerala on 14 January, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 14TH DAY OF JANUARY 2016/24TH POUSHA, 1937
Crl.MC.No. 243 of 2016
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CRIME NO. 457/2015 OF KOLATHUR POLICE STATION , MALAPPURAM
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PETITIONER(S)/ACCUSED :
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1. SHYAM JITH, AGED 20 YEARS,
S/O.AYYAPPAN, PARAVAKKAL COLONY, KURVA,
KOLATHUR, MALAPPURAM DISTRICT.
2. SULFEEKER ALI @ SULFI, AGED 19 YEARS,
S/O.ABDUL JALEEM, CHAKKUM KUNNAL HOUSE,
KADUGAPURAM P.O., KOLATHUR, MALAPPURAM DISTRICT.
3. FAVAD, AGED 22 YEARS,
S/O.KUNJALAN, VALIYAPEEDIYEKKAL HOUSE, MANNUM KULAM,
PUZHAKKATTIRI, MALAPPURAM DISTRICT.
4. SHIBIN LAL, AGED 20 YEARS,
S/O.SIVADASAN, KALATHILTHODI HOUSE, POTHUVETTI,
PUZHAKKATTIRI, MALAPPURAM DISTRICT.
5. PRAVEEN, AGED 20 YEARS,
S/O.VELAYUDHAN, CHOLAYIL PADIKKAL HOUSE, VALIPPARA,
CHARAKKAPARAMBIL, AGADIPURAM, MALAPPURAM DISTRICT.
6. SARATH @ KANNAN, AGED 20 YEARS,
S/O.MANIKANDAN, ENJAKADAVIL HOUSE, KOTTUVADA,
PARAYAN COLONY, PUZHAKKATTIRI, MALAPPURAM DISTRICT.
BY ADVS.SRI.C.M.KAMMAPPU
SMT.N.S.FATHIMATH SUHRA
RESPONDENT(S) :
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031,
(THROUGH THE STATION HOUSE OFFICER,
KOLATHUR POLICE STATION, MALAPPURAM DISTRICT).
..2/-
..2..
Crl.MC.No. 243 of 2016
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2. MUHAMMED SHAIJAN, AGED 18 YEARS,
S/O.LAILA, PATHARI HOUSE, PUZHAKKATTIRI,
MALAPPURAM DISTRICT-679 026.
R1 BY PUBLIC PROSECUTOR SMT.M.T.SHEEBA
R2 BY ADV. SRI.MANSOOR.B.H.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14-01-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
Crl.MC.No. 243 of 2016
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APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE-A1: TRUE COPY OF THE FINAL REPORT IN CRIME NO.457/2015
OF KOLATHUR POLICE STATION.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.UBAID, J.
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Crl.M.C No.243 of 2016
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Dated this the 14th day of January, 2016
O R D E R
The petitioners herein seek orders quashing a prosecution pending against them as C.P No.59/2015 of the Judicial First Class Magistrate Court I, Perinthalmanna, involving the offences under Sections 341, 323, 324, 143, 147, 148 r/w 149 of IPC and also under Section 23 of the Juvenile Justice Act on the ground of amicable settlement made out of court. The victim of offence is the second respondent herein. He is now aged 18 years. He has filed affidavit to the effect that the whole dispute stands settled forever, and that he has no grievance or complaint now. It is not known how and why there is final report in this case under Section 23 of the Juvenile Justice Act. To attract the said section the accused must be a person having control or custody of a juvenile. A mere case of assault on a juvenile by somebody else not having custody or control over the juvenile will not in any circumstance come under Section 23 of the Juvenile Justice Act. Practically this is only a case of assault which stands well settled amicably out of Crl.M.C No.243 of 2016 2 court. The main offence is under Section 324 of IPC. The said offence is not compoundable under the law. I am well satisfied that the parties have come to terms amicably, and the whole dispute stands resolved forever. Continuance of prosecution in such a situation will be a sheer waste of time because nobody will support the prosecution during trial. Hence, it is appropriate that the prosecution be quashed.
In the result, this petition is allowed. The prosecution against the petitioners in C.P No.59/2015 of the Judicial First Class Magistrate Court I, Perinthalmanna will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
Sd/-
P.UBAID
JUDGE
//True Copy//
ab P.A to Judge