Crl.M.C. Nos. 1433 & 1439/2013

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST DAY OF APRIL 2013/11TH CHAITHRA 1935 Crl.MC.No. 1433 of 2013 () --------------------------CC. 1341/2012 of J.M.F.C.-II, KOCHI PETITIONER(S)/ACCUSED: ----------------------------- ROSHAN ANDREWS, AGED 38 YEARS S/O.N.A.ANDREWS, NEDUPARAMBU VEETTIL, MAITHRI LANE KUMBALANGHI VAZHI, EDAKOCHI VILLAGE, PINCODE-682010 ERNAKULAM DISTRICT. BY ADV. SRI.ASHIK K.MOHAMED ALI RESPONDENTS/STATE AND DEFACTO COMPLAINANT: ---------------------------------------------------------- ## 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM (REPRESENTING THE SUB INSPECTOR OF POLICE PANANGAD POLICE STATION, ERNAKULAM DISTRICT). ## 2. SUNIL V.V., AGED 39 YEARS S/O.VELAYUDHAN, VALICHIRA VEETTIL, K.R.NARAYANAN ROAD PALLURUTHY VILLAGE, PINCODE 682006 ERNAKULAM DISTRICT. R2 BY ADV. SRI.NAVEEN THOMAS R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-04-2013 ALONG WITH CRL.M.C.NO.1439 OF 2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1433 of 2013 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- ANNEXURE-A1:TRUE COPY OF THE CHARGE SHEET IN CC NO.1341 OF 2012 OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS II, KOCHI. ANNEXURE-A2:TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:NIL ------------------------------- //TRUE COPY// P.A.TO JUDGE ## **C.T. RAVIKUMAR, J. ========================== CRL.M.C. Nos. 1433 & 1439OF 2013 ==========================** Dated this the 1[st] day of April, 2013 ## **ORDER** Petitioner in the former petition is the second respondent in the latter petition and the first petitioner in the latter petition is the second respondent in the former petition. Petitioners 2 and 3 in the latter petition are the other accused besides the first petitioner therein, in C.C.No.1204 of 2012 pending on the files of the Court of Judicial First Class Magistrate-II, Kochi arising from crime No.344 of 2012 of Kochi Police Station. The petitioner in the former petition is the accused in C.C.No.1341 of 2012 pending on the files of the Court of Judicial First Class Magistrate-II, Kochi arising from crime No.345 of 2012 of the same police station. Admittedly, the incident that led to the registration of the aforesaid crimes is one and the same and therefore, on consent of the parties, these petitions were jointly heard and are being disposed of by this common order. **Crl.M.C.Nos.1433 & 1439/13** 2 2. A detailed discussion of the facts or contentions is uncalled for as the parties to these petitions have now amicably settled the entire lis that ultimately resulted in the registration of the aforesaid crimes. In the former petition, the second respondent therein viz., the first petitioner in the latter petition is the defacto complainant and he alleged commission of offences punishable under sections 341, 294(b) and 323 of the Indian Penal Code against the petitioner therein. The petitioners in the latter petition are allegedly committed offences under sections 341, 294(b) and 506(i) read with section 34 IPC. The second respondents have filed affidavits in these petitions viz., Annexure-A2 in both the cases. The said affidavits would undoubtedly go to show that the entire disputes that led to the registration of the aforesaid crimes have been amicably settled between the parties. A perusal of Annexure-A1 in both the petitions would reveal that the petitioners/accused are allegedly committed the non-compoundable offence under section 294(b), as well. The other offences alleged against the respective accused/the petitioners are compoundable in terms of the provisions under section 320, Cr.P.C. **Crl.M.C.Nos.1433 & 1439/13** 3 Annexure-A2 affidavits sworn in by the respective defacto complainants would reveal that the parties have settled the entire disputes. In such circumstances, I am of the view that no fruitful purpose could be served by compelling continuance of criminal proceedings against respective petitioners who are the accused in respective calender cases. The Hon'ble Supreme Court in **Gian Singh** **v. State of Punjab** reported in [ **2012 (4) KLT 108 (SC)]** held that it is the duty of the High Courts to terminate the criminal proceedings which became absolutely unnecessary, in the interest of justice. In the cases on hand, Annexure-A2 affidavits sworn in by the respective respondents and the contentions raised by the learned counsel on both sides would reveal that the entire lis that led to the registration of the aforesaid crimes have been amicably settled. In the circumstances, I am of the view that the chance for a successful prosecution even if the parties are compelled to continue with the proceedings, is very bleak and therefore, continuance of proceedings would be a wasteful exercise. The criminal proceedings in C.C.Nos.1341 and 1204 of 2012 pending on the files of the Court of Judicial First Class **Crl.M.C.Nos.1433 & 1439/13** 4 Magistrate-II, Kochi against the respective petitioners are liable to be terminated, in the interest of justice. In the result, the following orders are passed:- ## Crl.M.C.No.1433 of 2013 Annexure-A1 charge sheet laid in crime No.344 of 2012 of Kochi Police Station and all further proceedings pursuant thereto in C.C.No.1341 of 2012 pending against the petitioner on the files of the Court of Judicial First Class Magistrate-II, Kochi are hereby quashed. ## Crl.M.C.No.1439 of 2013 Annexure-A1 charge sheet laid in crime No.345 of 2012 of Kochi Police Station and all further proceedings pursuant thereto in C.C.No.1204 of 2012 pending against the petitioners on the files of the Court of Judicial First Class Magistrate-II, Kochi are hereby quashed. ## **C.T. RAVIKUMAR (JUDGE)** ## **spc/** **Crl.M.C.Nos.1433 & 1439/13** 5 **C.T. RAVIKUMAR, J.** **Crl.M.C.Nos.1433 & 1439/13** 6 **JUDGMENT September, 2010**