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Ussanar vs Ismail

High Court Of Kerala|24 November, 2014
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JUDGMENT / ORDER

Two crimes, though not as case and counter, happened to be registered in the Alathur Police Station in connection with some dispute between two sets of persons, which led to two instances of assault on two different dates. Practically, one crime is connected to the other, though not as case and counter. Crime No. 1460/2014 was registered under Sections 294(b), 324, 448, 506(ii) r/w 34 of IPC on the complaint of one Ismail. The said Ismail is the first respondent in Crl.M.C 6603/2014. Crime No.1494/2014 was registered under Sections 143, 147, 341, 294(b), 323, r/w 149 IPC on the complaint of one Shaikmon. The said Ismail who sustained injuries in the incident on 2.11.2014 is one of the accused in crime No.1494/2014. So also the injured Shaikmon is one of the accused in Crime No.1460/2014. The accused on both sides now seek orders quashing the prosecution on the ground that Crl. M.C No. 6602 of 2014&Crl. M.C No. 6603 of 2014 2 they have come to terms amicably out of court, on the intervention of persons acceptable to both sides. Crl.M.C 6603/2014 relates to Crime No.1460/2014, and Crl.M.C No.6602/2014 relates to crime No.1494/2014. The first respondent in Crl.M.C 6603/2014, and also the first respondent in Crl.M.C 6602/2014 have filed affidavit to the effect that they have settled the whole dispute out of court, and that they have no grievance or complaint now. I am well satisfied that the parties have really come to terms, on the intervention of persons acceptable to both sides. In such a situation, continuance of proceedings will not serve any purpose. Nobody will support the prosecution, in view of an amicable settlement made by the parties. In so many decisions, the Hon'ble Supreme Court has held that even in cases involving non compoundable offences, the High Court can quash prosecution under Section 482 Cr.P.C, if the parties have really settled the whole dispute out of court, and continuance of proceeding will not serve any purpose. Applying the guidelines made by the Hon'ble Supreme Court, these two proceedings can be closed. In the result, Crl.M.C 6602/2014 and Crl.M.C 6603/2014 Crl. M.C No. 6602 of 2014&Crl. M.C No. 6603 of 2014 3 are allowed. Accordingly, the FIR and further proceedings in Crime No.1494/2014 and Crime No.1460/2014 of the Alathur police station will stand quashed under Section 482 Cr.P.C.
P.UBAID, JUDGE sab
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Title

Ussanar vs Ismail

Court

High Court Of Kerala

JudgmentDate
24 November, 2014
Judges
  • P Ubaid
Advocates
  • Shaik S O Ussanar
  • Sri
  • V A Johnson
  • Varikkappallil