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Judgments of Supreme Court of India and High Courts

Akhil vs State Of Kerala on 11 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940

CRL.MC.NO. 1021 OF 2019

AGAINST THE ORDER/JUDGMENT IN CC 694/2017 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, RAMANKARI

CRIME NO. 439/2017 OF PULINKUNNU POLICE STATION , ALAPPUZHA

PETITIONERS:

1 AKHIL, AGED 32 YEARS,
S/O. VIJAYAPPAN, KIZHAKKEPARAMBU HOUSE, PADINJARE
KUTTAMANGALAM, KAINAKARY P.O, KUTTANAD, ALAPPUZHA.

2 VINEETH, AGED 30 YEARS, S/O. VIJAYAPPAN,
KIZHAKKEPARAMBU HOUSE, PADINJARE KUTTAMANGALAM,
KAINAKARY P.O, KUTTANAD, ALAPPUZHA.

3 LEELAMMA, AGED 52 YEARS,
W/O. VIJAYAPPAN, KIZHAKKEPARAMBU HOUSE, PADINJARE
KUTTAMANGALAM, KAINAKARY P.O, KUTTANAD, ALAPPUZHA.

4 VIJAYAPPAN, AGED 55 YEARS,
S/O. KARUNAKARAN, KIZHAKKEPARAMBU HOUSE, PADINJARE
KUTTAMANGALAM, KAINAKARY P.O, KUTTANAD, ALAPPUZHA.

BY ADV. SRI.P.SHANES METHAR

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-31.

2 VIJITHA, AGED 29 YEARS,
D/O.VIDHYADHARAN, MANNAMPALLI HOUSE,
KUTTAMANGALAM, KAINAKARY P.O., KUTTANAD,
ALAPPUZHA-688504.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SRI.GEORGIE SIMON, ADVOCATE FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
———————————-
Crl.M.C. No. 1021 of 2019
———————————-
Dated this the 11th day of March, 2019

ORDER

The petitioners herein are the accused in the impugned

Anx.I FIR in Crime No.439/2017 of Pulinkunnu Police Station,

Alappuzha District, on the basis of the complaint filed by the 2 nd

respondent defacto complainant, registered for offences

punishable under Secs.498A r/w 34 of the Indian Penal Code. It

is stated that now the entire disputes between the petitioners and

2nd respondent defacto complainant have been settled amicably

and that the 2nd respondent has sworn to Anx.III affidavit before

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

disputes with the petitioners and that they have 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. 1021 / 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.I FIR in Crime No. 439 of 2017, Pulinkunnu
Crl.M.C. No. 1021 / 2019

..4..

Police Station, Alappuzha District and all further proceedings

arising therefrom pending against the petitioners 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. 1021 / 2019

..5..

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE I TRUE COPY OF THE FIR IN CRIME
NO.439/2017 OF PULINKUNNU POLICE
STATION, ALAPPUZHA.

ANNEXURE II TRUE COPY OF FINAL REPORT/CHARGE SHEET
IN C.C.NO.694/2017 ON THE FILE OF THE
JFCM, RAMANKARY ARISING FROM CRIME
NO.439/2017 OF PULINKUNNU POLICE
STATION.

ANNEXURE III TRUE COPY OF THE AFFIDAVIT OF THE 2ND
RESPONDENT.

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