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Abdul Rafeek vs State Of Kerala on 22 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

CRL.MC.NO. 3498 OF 2019

AGAINST THE ORDER/JUDGMENT IN CC 50/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,PERAMBRA

CRIME NO. 266/2018 OF KOORANCHUNDU POLICE STATION , KOZHIKODE

PETITIONERS/ACCUSED PERSONS 1 TO 3:
1 ABDUL RAFEEK, AGED 38 YEARS,
S/O. KUNJIMUHAMMED, RESIDING AT MECHINGAL CAMBRAM
HOUSE, KOTTARAKKOTHU, PERUMBALLY P.O., PUTHUPPADI,
THAMARASSERY TALUK, KOZHIKODE DISTRICT-673586.

2 NABEESA, AGED 55 YEARS,
W/O. KUNJIMUHAMMED, RESIDING AT MECHINGAL CAMBRAM
HOUSE, KOTTARAKKOTHU, PERUMBALLY P.O., PUTHUPPADI,
THAMARASSERY TALUK, KOZHIKODE DISTRICT-673586.

3 SHUHAIB, AGED 22 YEARS,
S/O. KUNJIMUHAMMED, RESIDING AT MECHINGAL CAMBRAM
HOUSE, KOTTARAKKOTHU, PERUMBALLY P.O., PUTHUPPADI,
THAMARASSERY TALUK, KOZHIKODE DISTRICT-673586.

BY ADVS.
SRI.J.R.PREM NAVAZ, SHRI.SUMEEN S.,
SMT.PARVATHY S.KRISHNAN

RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682018.

2 SHAMEENA,
AGED 35, D/O. AYISHA, RESIDING AT MUPPATTU,
KUNNUMMAL HOUSE, KOORACHUNDU POST,
KOORACHUNDU AMSOM DESOM, KOYILANDI TALUK,
KOZHIKODE DISTRICT-673527.

SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1,
SRI.AJOY VENU, ADVOCATE FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 3498 of 2019
————————————
Dated this the 22nd day of May, 2019

ORDER

The petitioners herein are the accused in the impugned

Anx.A2 FIR in Crime No.266/2018 of Koorachundu Police

Station, Kozhikode district, registered for offence punishable

under Secs.498A, 406 and 420 r/w 34 of the SectionIPC, which has led to

the institution of Anx.A3 final report/charge sheet in

C.C.No.50/2019 on the file of JFCM-I, Perambra. 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.A4 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 him.

2. In a catena of decisions, the Apex Court has held that,
Crl.M.C. No. 3498 / 2019

..3..

in appropriate cases involving even non-compoundable offences,

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.
Crl.M.C. No. 3498 / 2019

..4..

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

the impugned Anx.A2 FIR in Crime No.266/2018 of Koorachundu

Police Station, Kozhikode district, and Anx.A3 final report/charge

sheet in C.C.No.50/2019 on the file of JFCM-I, Perambra 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. 3498 / 2019

..5..

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE PRIVATE COMPLAINT
BEARING NO.1555/2018 FILED BY THE 2ND
RESPONDENT BEFORE THE HON’BLE JUDICIAL
MAGISTRATE OF FIRST CLASS-I, PERAMBRA,
KOZHIKODE DISTRICT (RURAL).

ANNEXURE A2 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.266/2018 OF KOORACHUNDU POLICE
STATION, KOZHIKODE RURAL.

ANNEXURE A3 THE CERTIFIED COPY OF THE FINAL
REPORT/ CHARGE SHEET IN CRIME
NO.266/2018 OF KOORACHUNDU POLICE
STATION, KOZHIKODE RURAL ALLEGING
OFFENCES PUNISHABLE UNDER SECTION
498A, 506, 406 AND 420 R/W 34 OF THE
INDIAN PENAL CODE.

ANNEXURE A4 THE NOTARIZED AFFIDAVIT, SOLEMNLY

AFFIRMED BY THE 2ND RESPONDENT/DEFACTO
COMPLAINANT DATED 13/05/2019.

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