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Judgments of Supreme Court of India and High Courts

Ajikumar vs The State Of Kerala on 19 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 19TH DAY OF NOVEMBER 2019 / 28TH KARTHIKA, 1941

Crl.MC.No.8125 OF 2019(E)

AGAINST THE ORDER/JUDGMENT IN CC 87/2017 OF JUDICIAL MAGISTRATE OF
FIRST CLASS, ADOOR

CRIME NO.1812/2016 OF ADOOR POLICE STATION, PATHANAMTHITTA

PETITIONERS/ACCUSED NO.1 TO 6:

1 AJIKUMAR
AGED 49 YEARS, S/O KUTTAPPAN,
MURALI SADANAM, ERATHU MURI AND VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT – 691 526

2 JANAKI
AGED 73 YEARS, W/O KUTTAPPAN,
MURALI SADANAM, ERATHU MURI AND VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT – 691 526

3 SUJATHA
AGED 47 YEARS, W/O ASHOKAN,
MURALI SADANAM, ERATHU MURI AND VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT – 691 526

4 VALSALA
AGED 49 YEARS, W/O SOMARAJAN,
KOCHUTHUNDIL VEEDU, ENATHU MURI AND VILLAGE,
ADOOR TALUK, PATHANAMTHITTA DISTRICT – 691 526

5 SUSHEELA
AGED 52 YEARS, W/O GOPI,
DIVYA BHAVAN, AIMALI MURI,
OMALLOOR VILLAGE,
PATHANAMTHITTA DISTRICT – 689 652

6 REMANI R
AGED 44 YEARS, D/O KUTTAPPAN,
MELEPUTHAYYATH HOUSE,
AIMALI MURI, OMALLOOR VILLAGE,
PATHANAMTHITTA DISTRICT – 689 652
Crl.MC.No.8125 OF 2019(E)

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BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.AJAY JAYACHANDRAN

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM – 682 031

2 THE SUB INSPECTOR OF POLICE
ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT – 691 523

3 GEETHAKUMARI
AGED 34 YEARS, D/O DHAMODARAN,
KALANGORUVILATHAZHETHIL VEEDU,
MURUKANKUNNU, ERATHU MURI,
ERATHU VILLAGE, ADOOR TALUK,
PAHANAMTHITTA DISTRICT – 691 526

R3 BY ADV. ANSU VARGHESE

SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8125 OF 2019(E)

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ALEXANDER THOMAS, J.

Crl.M.C.No.8125 of 2019
———————————–
Dated this the 19th day of November, 2019

ORDER

The petitioners herein have been arrayed as the accused in Crime

No.1812/2016 of Adoor Police Station, Pathanamthitta, registered for

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

Penal Code, which led to the pendency of Annexure-A1 final report in

C.C.No.87/2017 on the file of the Judicial First Class Magistrate’s Court,

Adoor. It is stated that now the entire disputes between the petitioners

herein and the 3rd respondent/de facto complainant have been settled

amicably and that the 3rd respondent has sworn to Annexure-A2 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, the High
Crl.MC.No.8125 OF 2019(E)

4

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 the

impugned Crime No.1812/2016 of Adoor Police Station, Pathanamthitta,

which led to the pendency of Annexure-A1 final report in C.C.No.87/2017

on the file of the Judicial First Class Magistrate’s Court, Adoor and all

further proceedings arising therefrom pending against all the accused will
Crl.MC.No.8125 OF 2019(E)

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stand quashed.

4. The petitioners will produce certified copies of this order to the

Investigating Officer concerned and the competent court below concerned.

Office of Advocate General will forward a copy of this order to the

Investigating Officer concerned, for necessary information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE

vgd
Crl.MC.No.8125 OF 2019(E)

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APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO.1812/2016 OF ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT WHICH IS NOW
PENDING AS C.C NO.87/2017 ON THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE’S COURT,
ADOOR.

ANNEXURE A2 THE ORIGINAL OF THE AFFIDAVIT DATED
23.07.2019 SWORN BY THE 3RD RESPONDENT /DE-
FACTO COMPLAINANT.

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