Vishnu v. Leelamma Joseph, Kerala High Court, Judgment, Law, casemine.com

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Case Number

Crl.M.C No. 4895 of 2016,CC 486/2011 of Judicial First Class Magistrate Court-II (Mobile), Alappuzha

Attorney(S)

By Adv. Sri. G. Priyadarsan Thampi
R1 & R2 by Adv. Sri. Jose Antony
R3 by Public Prosecutor Sri. Amjad Ali

Judges

P. Ubaid, J.

Acts

Sections 143, 147, 148, 451, 427 and 295 read with 149 of the Indian Penal Code,
Section 482 of the Code of Criminal Procedure.

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Vishnu v. Leelamma Joseph

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

FRIDAY, THE 26TH DAY OF AUGUST 2016/4TH BHADRA, 1938 Crl.MC.No. 4895 of 2016 ()

---------------------------

CC 486/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II

(MOBILE), ALAPPUZHA

---------

PETITIONER(S)/ACCUSED NO.1 TO 12:

--------------------------------

1. VISHNU, VISHNU, AGED 25 YEARS, S/O BABU,

PIKKATTIL HOUSE, THIRUVAMPADI WARD,

ALAPPUZHA.

2. ANSAHAD,AGED 31 YEARS, S/O IBRAHIM,

KOCHUVELIPURAYIDOM HOUSE, SANTHANAM WARD,

ALAPPUZHA.

3. RAJEEV,AGED 29 YEARS, S/O RAGHAVAN,

GOMATHI BHAWAN, NEDUMIDI VILLAGE,

PANCHAYATH WARD NO.5, NEDUMUDI,

ALAPPUZHA DISTRICT.

4. RAHUL, AGED 29 YEARS, S/O SASIDHARAN,

"PRASADAM", NEAR VILANJOOR TEMPLE,

A.N. PURAM WARD, ALAPPUZHA.

5. ABHIJITH,AGED 27 YEARS, S/O CHANDRAN,

TYPE II, NO.5 NGO QUARTERS,

KAITHAVANA WARD, ALAPPUZHA DISTRICT.

6. JEEVAN,AGED 27 YEARS, S/O SEBASTIAN,

NACHERI HOUSE, NORTH OF POONKAVU CHRUCH,

WARD NO.9, MARARIKULAM SOUTH PANCHAYATH,

ALAPPUZHA DISTRICT.

7. VIPIN,AGED 26 YEARS, S/O JAYAPPAN,

VIMAL NIVAS, SOUTH OF PAKKI JUNCTION,

WARD NO.4, PUNNAPRA NORTH PANCHAYATH,

ALAPPUZHA DISTRICT.

8. RAHUL @ KANNAN,AGED 27 YEARS, S/O RAJENDRAN,

KOVILAKATH VEETIL, VADAKKAL WARD,ALAPPUZHA.

Crl.MC.No. 4895 of 2016 ()

9. SARATH S.NAIR,

AGED 26 YEARS, S/O SASI,

KANNAMANGALAM PURAYIDOM, A.N.PURAM,

THIRUVAMPADI, ALAPPUZHA.

10. RONY STEPHEN,

AGED 30 YEARS, S/O STEPHEN,

R.S.NIVAS, ST.JOSEPH STREET,

VAZHICHERRY WARD, ALAPPUZHA.

11. MUJEEB,AGED 39 YEARS, S/O SATHAR,

CHEMMOTH HOUSE, ASRAM WARD,ALAPPUZHA.

12. RAJEEB ALI,

AGED 38 YEARS, S/O RASHEED ALI,

SAFEENA MANZIL, A.N.PURAM WARD,

ALAPPUZHA.

BY ADV. SRI.G.PRIYADARSAN THAMPI

RESPONDENT(S)/DEFACTO COMPLAINANTS & STATE.:

--------------------------------------------

1. LEELAMMA JOSEPH

AGED 60 YEARS, D/O JOSEPH, (FORMER PRINCIPAL, ST.JOSEPH'S WOMEN'S COLLEGE,

ALAPUZHA) , RESIDING AT MAPPILASSERY PUTHEN VEEDU,

AMICHAKARY, CHAMPAKULAM, ALAPPUZHA DISTRICT.

2. SR. MARGRET C.PETER,

AGED 66 YEARS, MOTHER SUPERIOR,

CANOSSIAN DAUGHTERS OF CHARITY,

ST. JOSEPH'S CONVENT, ALAPPUZHA.

ALAPPUZHA.

3. STATE OF KERALA,

REPRESENTED BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM,

(REPRESENTING SUB INSPECTOR OF POLICE,

ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA DIST)

R1 & R2 BY ADV. SRI.JOSE ANTONY

R3 BY PUBLIC PROSECUTOR SRI. AMJAD ALI

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

ON 26-08-2016, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

Crl.MC.No. 4895 of 2016 () ---------------------------

APPENDIX

PETITIONER(S)' EXHIBITS -----------------------

ANNEXURE A1: CERTIFIED COPY OF THE FINAL REPORT IN

C.C.NO.486/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-11, ALAPPUZHA.

ANNEXURE A2: TRUE COPY OF THE DEATH CERTIFICATE DATED

9/2/2011 ISSUED FROM COSMOPOLITAN HOSPITALS

(P) LTD, THIRUVANANTHAPURAM OF CW-2.

ANNEXURE A3: AFFIDAVIT DATED 20.7.2016 SWORN BY THE 1ST

RESPONDENT.

ANNEXURE A4: AFFIDAVIT DATED 20.7.2016 SWORN BY THE 2ND

RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY//

P.A. TO JUDGE

P.UBAID, J.

~~~~~~~~~~ Crl.M.C No. 4895 of 2016 ~~~~~~~~~~~

Dated this the 26^th August, 2016

O R D E R

The petitioners herein are the accused Nos.1 to 12 in C.C No.486/2011 of the Judicial First Class Magistrate Court- II, Alappuzha. They seek orders quashing the prosecution on the ground of amicable settlement of the whole dispute between them, and the de facto complainant. Crime in this case was registered under Sections 143, 147, 148, 451, 427 and 295 read with 149 of the Indian Penal Code, on the complaint of one Leelamma Joseph, who is the 1^st respondent in this proceeding brought under Section 482 of the Code of Criminal Procedure. She has filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint now.

2. The other victim of offence is the 2^ndrespondent in this proceeding. She has also filed affidavit to the effect that she has settled the whole dispute with the accused, and she has no grievance or complaint now.

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

Crl.M.C No. 4895 of 2016

pending proceedings, if the parties have really settled the whole dispute amicably out of court, and continuance of the prosecution 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, and I am satisfied that the parties are now on quite cordial terms. 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 petitioners herein in C.C No.486 of 2011 of the Judicial First Class Magistrate's Court-II, Alappuzha 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.

P.UBAID

JUDGE

ma /True copy/ P.S to Judge

Crl.M.C No. 4895 of 2016

Vishnu v. Leelamma Joseph

Vishnu v. Leelamma Joseph

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