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Ali vs State Of Kerala on 18 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940

CRL.MC.NO. 937 OF 2019

AGAINST THE ORDER/JUDGMENT IN CC 1426/2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I MUVATUPUZHA

CRIME NO. 2624/2018 OF MUVATTUPUZHA POLICE STATION , ERNAKULAM

PETITIONER:

ALI,
S/O.HASSINAR, KUZHUPPILLIL HOUSE, NIRAPPU BHAGAM,
MULAVOOR KARA, MULAVOOR VILLAGE, MUVATTUPUZHA
TALUK.

BY ADV. SRI.DOMSON J.VATTAKUZHY

RESPONDENTS:

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

2 SHIJILA
ALI.K.H., KUZHUPPILLIL HOUSE, NIRAPPU BHAGAM,
MULAVOOR KARA, MULAVOOR VILLAGE, MUVATTUPUZHA
TALUK.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SRI.V.K.SHAMEER FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
———————————–
Crl.M.C. No. 937 of 2019
———————————–
Dated this the 18th day of March, 2019

ORDER

The petitioner herein is the accused in the impugned Anx.A

Final report in Crime No.2624/2018 of Muvattupuzha Police

Station, Ernakulam district, registered for offences punishable

under Secs.498A, 323, 342, 506(1) of the IPC, which led to the

institution of C.C.No.1426/2018 on the file of the JFCM-I,

Muvattupuzha. It is stated that now the entire disputes between

the petitioner and the 2nd respondent defacto complainant have

been settled amicably and that the 2nd respondent has sworn to

Anx.B affidavit before this Court, wherein it is stated that she has

settled the entire disputes with the petitioner and that she has no

objection for quashment of the impugned criminal proceedings

pending against the petitioner. It is in the light of these aspects

that the petitioner has preferred the instant Crl.M.C. with the

prayer to quash the impugned criminal proceedings against him.

2. In a catena of decisions, the Apex Court has held that,

in appropriate cases involving even non-compoundable offences,
Crl.M.C. No. 937 / 2019

..3..

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 quashment.

3. Accordingly, it is ordered in the interest of justice that
Crl.M.C. No. 937 / 2019

..4..

the impugned Anx.A Final report in Crime No.2624/2018 of

Muvattupuzha Police Station, Ernakulam district which led to the

institution of C.C.No.1426/2018 on the file of the JFCM-I,

Muvattupuzha, and all further proceedings arising therefrom

pending against the accused 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. 937 / 2019

..5..

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL CHARGE IN
CRIME NO.2624/2018 OF MUVATTUPUZHA
POLICE STATION.

ANNEXURE B AFFIDAVIT SWORN IN BY THE 2ND
RESPONDENT/DE-FACTO COMPLAINANT.

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