CRL.MC No. 1736 of 2012 · Kerala High Court

BY ADV. SRI.K.P.SUDHEER RESPONDENTS / STATE & DEFACTO COMPLAINANTS : --------------------------------------------------------------------------------

THE STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING CIRCLE INSPECTOR OF POLICE VATAKARA POLICE STATION, VATAKARA - 673 101 KOZHIKODE DISTRICT.

MALAYIL BALAKRISHNAN S/O.KANARAN, AGED 57 YEARS, MALAYIL HOUSE, PONMERI - PARAMBIL P.O - 673 546, VATAKARA, KOZHIKODE DISTRICT.

KUNIYIL NARAYANAN S/O.BHASKARAN NAIR, AGED 41 YEARS, KUNIYIL HOUSE PONMERI - PARAMBIL P.O - 673 546, VATAKARA KOZHIKODE DISTRICT.

N.K.GOVINDAN S/O.RAMANKUTTY, AGED 48 YEARS, KURUNGOTT HOUSE PONMERI - PARAMBIL P.O- 673 546, VATAKARA KOZHIKODE DISTRICT.

KUNIYIL KUNHIRAMAN S/O.KANNAN NAIR, AGED 51 YEARS, KUNIYIL HOUSE, PONMERI - PARAMBIL P.O- 673 546, VATAKARA, KOZHIKODE DISTRICT. ...2/- Crl.MC.No. 1736 of 2012 () -2-

VEMBROLI BALAN, S/O.KELAPPAN, VEMBROLI HOUSE, PONMERI - PARAMBIL P.O - 673 546, VATAKARA, KOZHIKODE DISTRICT. R1 BY PUBLIC PROSECUTOR SMT. LISHA M.G. BY ADV. SRI.SANTHEEP ANKARATH BY ADV. SRI. JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13-06-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/- Crl.MC.No. 1736 of 2012 () PETITIONERS' EXHIBITS : APPENDIX ANNEXURE A1. CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 16.1.1996 IN CRIME NO. 25/1996 OF VATAKARA POLICE STATION. ANNEXURE A2. CERTIFIED COPY OF FINAL REPORT DATED 30.04.1999 IN CRIME NO. 25/1996 OF VATAKARA POLICE STATION. ANNEXURE A3. CERTIFIED COPY OF MEMORANDUM OF EVIDENCE DATED 30.4.1999 IN CRIME NO. 25/1996 OF VATAKARA POLICE STATION. ANNEXURE A4. CERTIFIED COPY OF JUDGMENT DATED 20.2.2011 IN SESSIONS CASE NO.342/1999 PASSED BY ASSISTANT SESSIONS JUDGE, KOZHIKODE. ANNEXURE A5. TRUE COPY OF JUDGMENT DATED 20.2.2011 IN SESSIONS CASE NO.372/2000 PASSES BY ASSISTANT SESSIONS JUDGE, KOZHIKODE. ANNEXURE A6. AFFIDAVIT DATED 6.5.2012 OF THE 2ND RESPONDENT. ANNEXURE A7. AFFIDAVIT DATED 6.5.2012 OF THE 3RD RESPONDENT. ANNEXURE A8. AFFIDAVIT DATED 6.5.2012 OF THE 4TH RESPONDENT. ANNEXURE A9. AFFIDAVIT DATED 6.5.2012 OF THE 5TH RESPONDENT. ANNEXURE A10. AFFIDAVIT DATED 6.5.2012 OF THE 6TH RESPONDENT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn A.M.SHAFFIQUE, J * * * * * * * * * * * * * Crl.M.C.No. 1736 of 2012 ---------------------------------------- Dated this the 13th day of June 2012

O R D E R This petition is filed under Section 482 of the Code of Criminal Procedure for quashing all proceedings against the petitioner in L.P.No.13 of 2000 in C.P.No.52 of 2000 pending before the JFCM Court-Vatakara arising from Crime No.25 of 1996 of Vatakara Police Station.

2. It is alleged that the petitioner and other accused were involved in commission of offences punishable under Sections 143, 147, 148, 324, 427 and 307 read with section 149 of I.P.C. and section 2(1) of the Kerala Public Meeting Disturbance Prevention Act. Annexure A1 is the FIR, Annexure A2 is the Charge sheet and Annexure A3 the memorandum of evidence. The other accused were discharged as per orders Annexure 4 and 5.

3. The de-facto complainants /respondents 2 to 6 have filed affidavits as Annexures 6 to 10 stating that the matter has been settled between the parties and they do not intend to prosecute the case against the petitioner. Crl.M.C..No.1736/12 2

4. Though certain offences are not compoundable, in view of the judgments of the Supreme Court in Joshi v. State of Haryana [2003(2)KLT 1062(SC)]Madan Mohan Abbot v. State of Punjab [AIR 2008 (S.C.) 1969], Nikhil Merchant v. C.B.I [2008(3) KLT 769] and Manoj Sharma v. State [2008 (4) KLT 417], the prosecution against the accused can be quashed under certain circumstances.

5. As matters stand settled as is evident from the affidavits and especially in view of the fact that the de facto complainants do not intend to proceed with the case, there is no point in prosecuting the case any further and it will lead to unnecessary hardship to the de facto complainant. Hence the principles adopted in the above judgments can be applied to the facts of this case also.

6. In the above circumstances, all proceedings against the petitioner in L.P.No.13 of 2000 in C.P.No.52 of 2000 pending before the JFCM Court- Vatakara arising from Crime No.25 of 1996 of Vatakara Police Station are quashed. Crl.M.C is disposed of as above. (sd/-) (A.M.SHAFFIQUE, JUDGE) Crl.M.C..No.1736/12 3 Crl.M.C..No.1736/12 4 Crl.M.C..No.1736/12 5 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011