E.P.Ummer v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 29TH DAY OF DECEMBER 2015/8TH POUSHA, 1937 Crl.MC.No. 8101 of 2015 () --------------------------- CP 49/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II,PERINTHALMANNA CRIME NO. 550/2015 OF WANDOOR POLICE STATION , MALAPPURAM DISTRICT ================== PETITIONER/ACCUSED:

----------------------------------- E.P.UMMER, AGED 53 YEARS S/O.ABU, ELATTUPARAMBIL HOUSE, MANALIMMALPARAMBU WANDOOR, MALAPPURAM DISTRICT-679 328.

BY ADV. SRI.P.SAMSUDIN RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGHC COURT OF KERALA, ERNAKULAM, PIN-682 031. (IN CRIME NO.550/2015 OF WANDOOR POLICE STATION IN MALAPPURAM DISTRICT)

2. HUSSAIN KOYA THANGAL, AGED 44 YEARS S/O.CHERUKOYA THANGAL, VALIYAPADAKATH HOUSE KUTTIYIL, WANDOOR, MALAPPURAM DISTRICT-679 328. R2 BY ADV. SRI.K.C.ANTONY MATHEW R1 BY PUBLIC PROSECUTOR SRI. GITHESH R.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 8101 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE-A1. A CERTIFIED COPY OF THE FIR IN FINAL REPORT IN CRIME NO.550/2015 OF WANDOOR POLICE STATION.

ANNEXURE-A2. TRUE COPY OF THE WOUND CERTIFICATE ANNEXURE-A3. THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT DATED 24/8/2015. RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C.No.8101 of 2015 --------------------------------------- Dated this the 29th day of December, 2015

O R D E R

The petitioner herein is the accused in C.P.No.49/2015 of the Judicial First Class Magistrate Court-II, Perinthalmanna. He seeks orders quashing the prosecution on the ground of amicable settlement of the whole dispute between him and the de facto complainant. Crime in this case was registered under Sections 323, 324, 506(i) and 308 IPC, on the complaint of one Hussan Koya Thangal, who 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 now. On a perusal of the materials, I find that this is only a simple case of assault and that Section 308 IPC was incorporated in the proceeding by the police on the basis of a purely hypothetical statement. Any way, the parties have come to terms amicably, and the whole dispute stands resolved.

3. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the

Crl.M.C.. No. 8101/2015 High Court can quash the prosecution in pending proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of further proceedings will not serve any purpose in such a circumstance of amicable settlement. Here, I find a real and genuine case of settlement between the parties. This is not a case involving any public interest or public issue. The parties have come to terms amicably on the intervention of persons acceptable to both sides. In such a situation, continuance of the prosecution will not serve any purpose other than wasting the precious time of the court. No doubt, nobody will support the prosecution in such a situation, if the case goes to trial. In the result, this petition is allowed. The prosecution against the petitioner herein in C.P.No.

49/2015 of the Judicial First Class Magistrate Court-II, Perinthalmanna will stand quashed under Section 482 of the Code of Criminal Procedure. Accordingly, the petitioner will stand released from prosecution, and the bail bond, if any, executed by him will stand discharged. Sd/- P. UBAID, JUDGE sd // True Copy // P.A.