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Abdul Nizar @ M.M.Nazeer vs The Sub Inspector Of Police on 23 May, 2019

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.
————————————
Crl.M.C. No. 3286 of 2019
————————————
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,
Crl.M.C. No. 3286 / 2019

..3..

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
Crl.M.C. No. 3286 / 2019

..4..

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

..5..

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.

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