IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941
CRL.MC.NO. 3286 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 622/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KASARAGOD
CRIME NO. 559/2014 OF BADIADUKKA POLICE STATION , KASARGOD
PETITIONERS/ACCUSED NOS 1 TO 4:
1 ABDUL NIZAR @ M.M.NAZEER, AGED 41 YEARS,
S/O.LATE M.MOHAMMED,B.M.ROAD,SUNTIKOPPA,
SOWMARPET,KODAGU DISTRICT,KARNATAKA-571236.
2 AYISHA, AGED 69 YEARS,
W/O.LATE M.MOHAMMED,B.M.ROAD,SUNTIKOPPA,
SOMWARPET,KODAGU DISTRICT,KARNATAKA-5714236.
3 NASEEMA, AGED 39 YEARS,
D/O.LATE M.MOHAMMED,B.M.ROAD,SUNTIKOPPA,
SOMWARPET,KODAGU DISTRICT,KARNATAKA-571236
4 FATHIMA, AGED 47 YEARS,
W/O.SULAIMAN,B.M.ROAD,SUNTIKOPPA,SOMWARPET,
KODAGU DISTRICT,KARNATAKA-571236.
BY ADV. SMT.ANN SUSAN GEORGE
RESPONDENTS/COMPLAINANT AND STATE:
1 THE SUB INSPECTOR OF POLICE,
BADIADKA POLICE STATION,
KASARAGOD DISTRICT, PIN-671551.
2 FATHIMATH ZUHARA C.H., AGED 38 YEARS,
W/O.ABDUL NIZAR AND D/O.ABDUL RAHIMAN,
BAPALI PONAM HOUSE,ARIYAPADY POST,
BADOOR VILLAGE, KASARAGOD DISTRICT-671551.
3 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682031.
SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1 AND R3,
SRI.V.JAYAPRADEEP, ADVOCATE FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C. No. 3286 of 2019
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Dated this the 23rd day of May, 2019
ORDER
The petitioners herein are the accused Nos.1 to 4 in the
impugned Anx.I Final Report in C.C. No.622/2017 on the file of
JFCM-II, Kasargod, which has been arised from Crime
No.559/2014 of Badiadka Police Station, Kasargod district,
registered for offences punishable under Secs.498A, 324 r/w 34
of the SectionIPC. 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.II
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 that,
in appropriate cases involving even non-compoundable offences,
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the High Court can quash prosecution by exercise of the powers
under Sec.482 of the SectionCr.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 SectionGian Singh v. State of Punjab reported in 2013 (1)
SCC (Cri) 160 (2012) 10 SCC 303 and SectionNarinder 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.
3. Accordingly, it is ordered in the interest of justice that
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the impugned Anx.I Final Report in C.C. No.622/2017 on the file of
JFCM-II, Kasargod, which arised from Crime No.559/2014 of
Badiadka Police Station, Kasargod district, and all further
proceedings arising therefrom pending against the accused persons
will stand quashed.
With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
Crl.M.C. No. 3286 / 2019
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APPENDIX
PETITIONERS’ EXHIBITS:
ANNEXURE I THE CERTIFIED COPY OF THE FINAL REPORT
IN C..NO.622/2O17 ON THE FILES OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-
II,KASARAGOD.IN CRIME NO.559/2014 OF
THE BADIADKA POLICE STATION,KASARAGOD.
ANNEXURE II THE TRUE COPY OF THE AFFIDAVIT SWORN
IN BY 2ND RESPONDENT.