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Abdul Salam.V.A vs State Of Kerala on 14 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

Crl.MC.No. 1987 of 2019

AGAINST THE ORDER IN CC 906/2017 of JUDICIAL MAGISTRATE OF FIRST
CLASS -I MUVATUPUZHA

CRIME NO. 1302/2017 OF MUVATTUPUZHA POLICE STATION , ERNAKULAM

PETITIONER/ACCUSED:

1 ABDUL SALAM.V.A,
AGED 37 YEARS,
S/O.ABDUL KHADER,VATHASSERIL HOUSE, NEW RESIDING AT
KARIKKANAKUDIYIL, PERUMATTOM, MUVATTUPUZHA

2 ABDUL KHADER,
AGED 75 YEARS,
S/O. BAVA PILLAI,VATHASSERIL HOUSE, NEW RESIDING AT
KARIKKANAKUDIYIL, PERUMATTOM, MUVATTUPUZHA

3 SUBAIDA.V.A.,
AGED 40 YEARS,
W/O. NISSAR P.M.,VATHASSERIL HOUSE, NEW RESIDING AT
KARIKKANAKUDIYIL, PERUMATTOM, MUVATTUPUZHA

BY ADV. SMT.V.SHYLAJA

RESPONDENTS/ DE FACTO COMPLAINANT CW2 :
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNKULAM-682 031

2 SUB INSPECTOR OF POLICE
MUVATTUPUZHA POLICE STATION, MUVATTUPUZHA-686 661

3 SIMNA .P.M,
AGED 34 YEARS,
D/O. MAM,Y MUHAMMED, PULIKKAKUNNEL HOUSE, IDAMARUKU
KARA, UDUMBANNOOR VILLAGE, IDUKKI DISTRICT-685 602

BY ADV. SRI.A.T.ANILKUMAR
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1 AND
R2, SRI.A.T.ANILKUMAR FOR R3

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1987 of 2019

-:2:-

ALEXANDER THOMAS, J.

Crl.M.C. No.1987 of 2019
———————————–
Dated this the 14th day of March, 2019

ORDER

The petitioner herein is the sole accused in the impugned Anx-A FIR in

Crime No.1302/2017 of Muvattupuzha Police Station, Ernakulam district,

registered for offences punishable under Secs.498A read with Section 34 of the

Indian Penal Code. It is stated that now the entire disputes between the

petitioner and the 3rd respondent defacto complainant have been settled

amicably and that the 3rd respondent has sworn to Anx.C affidavit before this

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

petitioner and that she has no objection for quashment of the impugned criminal

proceedings pending against the petitioner. It is in the light of these aspects that

the petitioner has 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, 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
Crl.MC.No. 1987 of 2019

-:3:-

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.

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

Anx.A FIR in Crime No.1302/2017 of Muvattupuzha Police Station, Ernakulam

district, which has lead to the institution of Anx-B Final Report in C.C.

No.906/2017 on the files of the Judicial First Class Magistrate Court-I,

Muvattupuzha 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
vgd/15.03.2019
Crl.MC.No. 1987 of 2019

-:4:-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A THE TRUE COPY OF HE FIR IN CRIME NO.1302/17
OF MUVATTUPUZHA POLICE STATION

ANNEXURE-B THE CERTIFIED COPY OF THE CHARGE IN CC
NO.906/17 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I MUVATTUPUZHA

ANNEXURE-C THE TRUE COPY OF THE AFFIDAVIT FIELD BY THE
3RD RESPONDENT

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