RANEESH P V Vs. ANEESH P P

JUDGEMENT

(1.) PETITIONERS are accused in C.C.No.781 of 2010, on the file of Judicial First Class Magistrate Court, Taliparamba which is a case instituted upon the report filed by the police in Crime No.171/2010 of Thaliparamba police station, registered at the instance of the 1st respondent herein who is the defacto complainant, the injured. The prayer in this petition is to quash all proceedings in C.C.No.781/2010 as the matter has been settled out of the court.

(2.) I have heard Sri.Mahesh.V.Ramakrishnan, learned counsel appearing for the petitioners and Sri.M.Premkumar, learned counsel appearing for the 1st respondent, the defacto complainant and the learned public prosecutor.

(3.) OF course the offences involved in the above case are including non-bailable offences. But, in a recent decision in Shiji Vs. Radhika [2011 (4) KLT 682 (SC)], the Honourable Apex court had held that "It is manifest that simply because an offence is not compoundable under S.320 I.P.C is by itself no reason for the High Court to refuse exercise of its power under S.482 Cr.P.C. That power can in our opinion be exercised in cases where there is no chance of recording a conviction against the accused and the entire exercise of a trial is destined to be an exercise in futility". The defacto complainant by filing Annexure A3 affidavit expressed his consent to quash the proceedings since the matter has already been settled out of court and he does not want to continue the prosecution against the petitioner. If that be so, according to me there is no chance for conviction of the accused and the consequent result will be sheer waste of judicial time. Therefore, in the light of the above decision, according to me, this MC can be allowed quashing C.C.No.781/2010 and all proceedings therein pending on the Judicial First Class Magistrate Court, Taliparamba.