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Anilkumar.C.K vs Soja Anilkumar on 24 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941

Crl.MC.No.7322 OF 2019(E)

AGAINST THE ORDER/JUDGMENT IN CC 141/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, THALASSERY

CRIME NO.472/2017 OF NEW MAHE POLICE STATION, KANNUR

PETITIONER/ACCUSED:

ANILKUMAR.C.K
AGED 50 YEARS, S/O.C.P.JANARDHANAN,
KEDARAM, NANGARATH PEEDIKA,
P.O TEMPLE GATE, KANNUR DISTRICT-670102

BY ADVS.
SRI.K.M.RAMADAS
SRI.ZUBAIR PULIKKOOL

RESPONDENT/DE FACTO COMPLAINANT AND STATE:

1 SOJA ANILKUMAR
AGED 37 YEARS, W/O.ANILKUMAR,
RESIDING AT KRISHNA HOMES
FLAT NO.6, PAYANCHERI IRITTI,
KANNUR DISTRICT-670703

2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031

R1 BY ADV. SHAMEM M.S.
SRI.P.N.SUMODU, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7322 OF 2019(E)

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ALEXANDER THOMAS, J.

Crl.M.C.No.7322 of 2019
———————————–
Dated this the 24th day of October, 2019

ORDER

The petitioner herein has been arrayed as the sole accused in

Annexure-I Final Report in Crime No.472/2017 of New Mahe Police

Station, Kannur, registered for offences punishable under Secs.498A of the

Indian Penal Code, which led to the institution of C.C.No.141/2018 on the

file of the Judicial First Class Magistrate’s Court, Thalasserry. It is stated

that now the entire disputes between the petitioner herein and the

1st respondent de facto complainant have been settled amicably and that the

1st respondent has sworn to Annexure-II 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, the High
Crl.MC.No.7322 OF 2019(E)

3

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 the

impugned Annexure-I Final Report in Crime No.472/2017 of New Mahe

Police Station, Kannur, which led to the institution of C.C.No.141/2018 on

the file of the Judicial First Class Magistrate’s Court, Thalasserry

and all further proceedings arising therefrom pending against the accused
Crl.MC.No.7322 OF 2019(E)

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will stand quashed.

4. The petitioner will produce certified copies of this order to the

Investigating Officer concerned and the competent court below concerned.

Office of Advocate General will forward a copy of this order to the

Investigating Officer concerned, for necessary information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd
Crl.MC.No.7322 OF 2019(E)

5

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE I THE CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.472/2017 OF NEW MAHE POLICE STATION.

ANNEXURE II THE SWORN AFFIDAVIT DATED 10/10/2019 BY 1ST
RESPONDENT.

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