IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941
Crl.MC.No. 2524 of 2019
CRIME NO. 2054/2018 OF Kundara Police Station , Kollam
1 AKHIL SIVAKUMAR
AGED 28 YEARS
S/O.SIVAKUMAR, KRISHNAKRIPA, PERUMPUZHA,
AGED 51 YEARS
W/O.SIVAKUMAR, KRISHNAKRIPA, PERUMPUZHA,
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN-682031.
2 ARYA S.SUBHASH
D/O.SUGANDHI, SREPADMAM, MANIYAR, PUNALUR, KUNDARA,
3 SUB INSPECTOR OF POLICE,
KUNDARA POLICE STATION, KOLLAM DISTRICT-691501.
BY ADV. SRI.ANSU VARGHESE
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1 AND R3, SRI.ANSU
VARGHESE FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No.2524 of 2019
Dated this the 2nd day of April, 2019
The petitioners herein are accused Nos.1 and 2 in the
impugned Anx-A1 FIR in Crime No.2054/2018 of Kundara Police
Station, which has been registered for offence punishable under
Sec. 498A of the Indian Penal Code. It is stated that now the
entire disputes between the petitioners and the 2 nd respondent
defacto complainant have been settled amicably and that the 2 nd
respondent has sworn to Anx.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 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 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
3. Accordingly, it is ordered in the interest of justice that
the impugned Anx-A1 FIR in Crime No.2054/2018 of Kundara
Police Station, Kollam district 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.
ALEXANDER THOMAS, JUDGE.
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME
NO.2054/2018 OF KUNDARA POLICE
ANNEXURE A2 THE AFFIDAVIT OF THE 2ND RESPONDENT
P.S. TO JUDGE.