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Judgments of Supreme Court of India and High Courts

Akhil Sivakumar vs State Of Kerala on 2 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/S:

1 AKHIL SIVAKUMAR
AGED 28 YEARS
S/O.SIVAKUMAR, KRISHNAKRIPA, PERUMPUZHA,
KOLLAM-691504.

2 PRASANNA
AGED 51 YEARS
W/O.SIVAKUMAR, KRISHNAKRIPA, PERUMPUZHA,
KOLLAM-691504.

BY ADVS.
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
RESPONDENT/S:
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,
KOLLAM-691501.

3 SUB INSPECTOR OF POLICE,
KUNDARA POLICE STATION, KOLLAM DISTRICT-691501.

BY ADV. SRI.ANSU VARGHESE

OTHER PRESENT:
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:
Crl.M.C.No.2524/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.2524 of 2019
———————————————-
Dated this the 2nd day of April, 2019

ORDER

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
Crl.M.C.No.2524/2019 3

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

quashment.

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
Crl.M.C.No.2524/2019 4

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.

acd
Crl.M.C.No.2524/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME
NO.2054/2018 OF KUNDARA POLICE
STATION.

ANNEXURE A2 THE AFFIDAVIT OF THE 2ND RESPONDENT

TRUE COPY

P.S. TO JUDGE.

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