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Anish.K.Varghese vs Siny Jose on 19 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/S:

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

RESPONDENT/S:

1 SINY JOSE, AGED 36 YEARS D/O. CHERIYAN, MOOZHIYIL
HOUSE, MARKET ROAD, TRIPUNITHURA P.O., ERNAKULAM –
682 301.

2 STATE OF KERALA, REPRESENTED THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. AUGUSTUS BINU

OTHER PRESENT:

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
ORDER

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

quashment.

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.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.6500/2019 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

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
RESPONDENT.

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