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.
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Crl.M.C. No. 1021 of 2019
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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
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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
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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
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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.
