KARATHAN NELLIYODE SREELESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 3rd accused in Crime No. 331 of Kannur Town Police Station. The case against him is now pending on the files of the Additional Sessions Court (Adhoc-I), Thalassery as L.P.C. No. 4 of 2012. The case against him was split up and refiled, when he absconded from legal process, and the other two accused underwent trial. On full trial, the trial court found the accused Nos. 1 and 2 not guilty, and they were acquitted by judgment dated 31.8.2005. The offences involved in the case are under Sections 143, 147, 148, 324, 326 and 307 of Indian Penal Code.

(2.) The prosecution case is that, a gang of more than five persons including the petitioner herein assaulted the de facto complainant Balakrishnan on 19.5.1996, inflicted injuries on his body as part of a criminal conspiracy, and thus they made an attempt on his life. When the case against the others came up for trial, both sides reported amicable settlement out of court, but the settlement as such could not be accepted by the court because the main offences are not compoundable under the law. Accordingly, the trial court directed the prosecution to examine the material witnesses. But, none of the material witnesses including the person who sustained injuries in the alleged incident supported the prosecution. When cross-examined by the learned Public Prosecutor, all the material witnesses including the injured stated about the amicable settlement arrived at out of court. In such a situation, in the absence of any evidence against the accused, and when the material witnesses failed to identify the assailants during trial, the trial court found the other accused not guilty. Now the 3rd accused has come before this Court with this petition under Section 482 of Cr.P.C. with a prayer to quash the prosecution against him on the ground that he and de facto complainant have well settled the whole dispute out of court, and that continuance of the prosecution will not serve any purpose.

(3.) In Gian Singh v. State of Punjab, 2012 4 KerLT 108SC] and in Narinder Singh & Others v. State of Punjab and another, 2014 2 KerLJ 252], the Hon'ble Supreme Court has held that even in cases involving non-compoundable offences, the High Court can exercise the powers under Section 482 of Cr.P.C. to quash the prosecution, when the parties have really settled the whole dispute, and if continuance of prosecution will not serve any purpose. In Narinder Singh's case, the Hon'ble Supreme Court has made some guidelines also for exercise of powers under Section 482 of Cr.P.C. Of course, the Hon'ble Supreme Court has held that it would be inappropriate to quash prosecution in cases involving offences punishable under the Prevention of Corruption Act, offences of wide range forgery, offences against communal harmony etc., but in cases involving only personal disputes and private disputes, without in any manner affecting public interest, the High Court very well interfere under Section 482 of Cr.P.C. and quash the prosecution on the ground that the parties have really come to terms, and that continuance of prosecution will be a sheer waste of time. I am well satisfied that the injured person and the accused have really settled the whole dispute. The other accused in the crime stand acquitted by the trial court on trial, when the material witnesses including the injured did not support the prosecution, I find that this is a fit case where the prosecution against the remaining accused could be quashed under Section 482 of Cr.P.C.