IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941
Crl.MC.No.6500 OF 2019(B)
AGAINST THE ORDER/JUDGMENT IN CC 7550/2012 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
CRIME NO.880/2012 OF Varandarappally Police Station , Thrissur
1 ANISH.K.VARGHESE, AGED 35 YEARS
S/O, VARKEY, KUTTIYARA HOUSE, VARAKKARA P.O.,
THRISSUR – 680 303.
2 K. J. VARKEY, AGED 64 YEARS
S/O. JOSEPH, KUTTIYARA HOUSE, VARAKKARA P.O.,
THRISSUR – 680 303.
3 SOPHIA VARGHESE, AGED 61 YEARS, KUTTIYARA HOUSE,
VARAKKARA P.O., THRISSUR – 680 303.
BY ADV. SRI.SABU THOZHUPPADAN
1 SINY JOSE, AGED 36 YEARS D/O. CHERIYAN, MOOZHIYIL
HOUSE, MARKET ROAD, TRIPUNITHURA P.O., ERNAKULAM –
2 STATE OF KERALA, REPRESENTED THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. AUGUSTUS BINU
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No. 6500 of 2019
Dated this the 19th day of September, 2019
The petitioners herein are the accused in the impugned Anx.II
final report/charge sheet filed in Anx. A-1 FIR in Crime No.880/2012
of Varantharappilly Police Station, registered for offences punishable
under Secs.406 and 498A of the SectionI.P.C., which has led to the
institution of Calendar Case, C.C.No.7750/2012 on the file of the
Judicial First Class Magistrate’s Court, Irinjalakuda, on the basis of
the complaint of the 1st respondent defacto complainant. It is stated
by the learned counsel for the petitioners that that now the entire
disputes between the petitioners and the 1st respondent defacto
complainant have been settled amicably and that the impugned
criminal proceedings may be quashed in the light of the settlement of
the disputes between the parties. The learned counsel for the 1 st
respondent defacto complainant submitted on the basis of the
instructions of his party that the 1 st respondent defacto complainant
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
Crl.M.C.6500/2019 – : 3 :-
the prayer to quash the impugned criminal proceedings against them.
2. In a catena of decisions, the Apex Court has held that, in
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
Crl.M.C.6500/2019 – : 4 :-
3. In the light of the abovesaid aspects, it is ordered in the
interest of justice that the impugned Anx.II final report/charge sheet
filed in Anx. A-1 FIR in Crime No.880/2012 of Varantharappilly
Police Station, which has led to the institution of Calendar Case,
C.C.No.7750/2012 on the file of the Judicial First Class Magistrate’s
Court, Irinjalakuda, and all further proceedings arising therefrom
pending against the accused persons will stand quashed.
The petitioners will produce certified copies of this order before
the 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 above Criminal
Miscellaneous Case stands finally disposed of.
sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.6500/2019 – : 5 :-
ANNEXURE I CERTIFIED COPY OF FIR IN CRIME NO.880/12 OF
VARANTHARAPPILLY POLICE STATION.
ANNEXURE II CERTIFIED COPY OF CHARGE SHEET IN
C.C.NO.7550/2012 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, IRINJALAKUDA.
ANNEXURE III THE COMPOUNDING PETITION DATED 4.9.2019
SIGNED BY THE PETITIONERS AND IST