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