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Abdul Kunhi P.M vs State Of Kerala on 2 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

Crl.MC.No. 2545 of 2019

CC 1207/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS
-II,HOSDRUG

CRIME NO. 1010/2013 OF Hosdurg Police Station , Kasargod

PETITIONER/S:

1 ABDUL KUNHI P.M.
AGED 39 YEARS
S/O.ABOOBACKER, RESIDING AT P.M.HOUSE, KUSHAL NAGAR,
HOSDURG TALUK, KASARAGOD DISTRICT.

2 UMAIBA,
AGED 60 YEARS
W/O.ABOOBACKER, RESIDING AT P.M.HOUSE, KUSHAL NAGAR,
HOSDURG TALUK, KASARAGOD DISTRICT.

BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI

RESPONDENT/S:
1 STATE OF KERALA
THROUGH THE STATION HOUSE OFFICER, HOSDURG POLICE
STATION, KASARAGOD DISTRICT, REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.

2 JASEENA T.P.
AGED 32 YEARS
D/O.ABDUL RAHIMAN, RESIDING AT KARGIL HOUSE, VADAKARA
MUKKU, BALLA VILLAGE, HOSDURG TALUK, KASARAGOD
DISTRICT-671531.

BY ADV. SMT.G.SANGEETHA -R2

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SMT.G.SANGEETHA FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2545/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.2545 of 2019
———————————————-
Dated this the 2nd day of April, 2019

ORDER

The petitioners herein are accused Nos.1 and 2 in the

impugned Anx-A1 FIR in Crime No.1010/2013 of Hosdurg

Police Station, which has been registered for offences

punishable under Sections , 323, 406, 498A and 506(ii)

r/w.34 of the Indian Penal Code. It is stated that now the

entire disputes between the petitioners and the 2nd respondent

defacto complainant have been settled amicably and that the

2nd respondent has sworn to Anx.A3 affidavit before this

Court, wherein it is stated that she has settled the entire

disputes with the petitioners and that she has no objection for

quashment of the impugned criminal proceedings pending

against the petitioners. It is in the light of these aspects that

the petitioners have preferred the instant Crl.M.C. with the

prayer to quash the impugned criminal proceedings against

them.

2. In a catena of decisions, the Apex Court has held
Crl.M.C.No.2545/2019 3

that, in appropriate cases involving even non-compoundable

offences, the High Court can quash prosecution by exercise of

the powers under Sec.482 of the Cr.P.C., if the parties have

really settled the whole dispute or if the continuance of the

prosecution will not serve any purpose. Here, this Court finds

a real case of settlement between the parties and it is also

found that continuance of the prosecution in such a situation

will not serve any purpose other than wasting the precious

time of the court, when the case ultimately comes before the

court. On a perusal of the petition and on a close scrutiny of

the investigation materials on record and the affidavit of

settlement and taking into account the attendant facts and

circumstances of this case, this Court is of the considered

opinion that the legal principles laid down by the Apex Court

in the cases as in Gian Singh v. State of Punjab reported

in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and Narinder

Singh and others v. State of Punjab and anr. reported

in (2014) 6 SCC 466, more particularly paragraph 29 thereof,

could be applied in this case to consider the prayer for

quashment.

Crl.M.C.No.2545/2019 4

3. Accordingly, it is ordered in the interest of justice

that the impugned Anx-A1 FIR in Crime No.1010/2013 of

Hosdurg Police Station and all further proceedings arising

therefrom pending against the accused will stand quashed.

With these observations and directions, the above

Criminal Miscellaneous Case stands finally disposed of.

sd/

ALEXANDER THOMAS, JUDGE.

acd
Crl.M.C.No.2545/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR
IN CRIME NO.1010/2013 OF HOSDURG
POLICE STATION, KASARAGOD DISTRICT.

ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE
FINAL REPORT IN CRIME NO.1010/2013
OF HOSDURG POLICE STATION,
KASARAGOD DISTRICT.

ANNEXURE A3 THE AFFIDAVIT DATED 29/03/2019
SWORN IN BY THE 2ND RESPONDENT

TRUE COPY

P.S. TO JUDGE.

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