SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Amal Jose vs State Of Kerala on 20 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA,
1941

Crl.MC.No.8151 OF 2019(H)

CC 658/2019 OF TEMPORARY JUDL. FIRST CLASS MAGISTRATE COURT,
NJARAKKAL

CRIME NO.1845/2018 OF Njarakkal Police Station , Ernakulam

PETITIONERS/ACCUSED:

1 AMAL JOSE, AGED 28 YEARS
S/O.K.C.JOSE, KALLOOKKARAN HOUSE, NEAR BOAT
JETTY, NARAKKAL P.O., ERNAKULAM, PIN-682505.

2 LISSY JOSE, AGED 54 YEARS
W/O.LATE JOSE, KALLOOKKARAN HOUSE, NEAR BOAT
JETTY, NARAKKAL P.O., ERNAKULAM, PIN-682505.

3 BINOY FRANCIS,
AGED 35 YEARS
S/O.FRANCIS, PERUMBILLY ROAD, NJARAKKAL P.O.,
VYPIN.

BY ADVS.
SRI.INNOCENT FRANCIS PAPALI
SRI.K.X.STERVIN
RESPONDENTS/STATE/DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682031.

2 SUB INSPECTOR OF POLICE
NJARAKKAL POLICE STATION, -682509.

3 SINI JOB
AGED 27 YEARS
D/O.JOB P.V., PATHAPALLY HOUSE, ROCKWELL ROAD,
KALAMASSERY, HMT COLONY, NOW RESIDING AT
PATHAPALLY HOUSE, MANJUMMEL P.O., NEAR
ST.JOSEPH’S HOSPITAL, ERNAKULAM-683501.

BY ADV.
LITISHYA FRANCIS-R3
SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 8151 of 2019

2

ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 8151 of 2019
————————————
Dated this the 20th day of November, 2019

ORDER

The petitioners herein are the accused in the impugned Anx.I

FIR in Crime No.1845/2018 of Njarakkal Police Station, Ernakulam

district, registered for offences punishable under Secs.354, 294(b),

498A and 34 of the SectionIPC, which has led to the institution of Anx.II

Final report in C.C No.658/2019 on the file of the Judicial First Class

Magistrate Court, Njarakkal. It is stated that now the entire disputes

between the petitioners and 3rd respondent defacto complainant have

been settled amicably and that the 3rd 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 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
Crl.M.C. No. 8151 of 2019

3

appropriate cases involving even non-compoundable offences, the

High Court can quash prosecution by exercise of the powers under

Sec.482 of the SectionCr.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 SectionGian Singh v. State

of Punjab reported in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303

and SectionNarinder 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.1845/2018 of Njarakkal Police
Crl.M.C. No. 8151 of 2019

4

Station, Ernakulam district, which has led to the institution of Anx.II

Final report in C.C No.658/2019 on the file of the Judicial First Class

Magistrate Court, Njarakkal, and all further proceedings arising

therefrom pending against the accused persons will stand quashed.

4. The petitioners will produce certified copies of this order

before Investigating Officer concerned and the competent court

below concerned. The office of the Advocate General will forward

copy of this order to the Investigating Officer concerned for

information.

With these observations and directions, the Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

KAS
Crl.M.C. No. 8151 of 2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FIR NO.1845/2018
DATED 14.12.2018 REGISTERED BY THE
NJARAKKAL POLICE STATION.

ANNEXURE II CERTIFIED COPY OF THE CHARGE SHEET
DATED NO.400/2019, DATED 25.02.2019
TOGETHER WITH THE STATEMENTS OF THE
WITNESSES.

ANNEXURE III AFFIDAVIT SWORN BY THE THIRD
RESPONDENT/DEFACTO COMPLAINANT.

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation