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.
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Crl.M.C. No. 937 of 2019
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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
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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
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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
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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.