IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941
Crl.MC.No.8654 OF 2019(B)
AGAINST CC 391/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS , ADOOR
CRIME NO.1251/2014 OF Pandalam Police Station , Pathanamthitta
ANSAR P. BASHEER
AGED 34 YEARS
S/O. P.H.BASHEER, RESIDING AT JEEJA MANZIL, MANGARAM,
PANDALAM P.O., ADOOR, PATHANAMTHITTA, PIN-689 501.
BY ADV. SRI.M.RAJENDRAN NAIR
RESPONDENTS/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
AGED 29 YEARS
SHINU COTTAGE, NEAR S.N. POLYTECHNIC,
THAZHUTHALACHERY, ADICHANALLOOR P.O., KOLLAM
DISTRICT, PIN-691 573.
R2 BY ADV. ABRAHAM P.GEORGE
SRI.SANTHOSH PETER, PUBLLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No.8654 of 2019
Dated this the 5th day of December, 2019
The petitioner herein is the accused in the instant Crime No.1251/2014
of Pandalam Police Station, Pathanamthitta District, which has been
registered for offences punishable under Sec.498A of the SectionI.P.C on the basis of
a complaint filed by the 2 nd respondent/defacto complainant and which has
led to the institution of Anx-A2 Final Report/Charge Sheet in
C.C.No.391/2015 on the file of the Judicial First Class Magistrate Court,
Adoor. It is stated that now the entire disputes between the petitioner and the
2nd respondent/defacto complainant have been settled amicably and that the
2nd respondent has sworn to Anx-IV 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
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 affidavits 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 Crime No.1251/2014 of Pandalam Police Station, Pathanamthitta
District, which has led to the institution of Anx-A2 Final Report/Charge Sheet
in C.C.No.391/2015 on the file of the Judicial First Class Magistrate Court,
Adoor and all further proceedings arising therefrom pending against the
accused will stand quashed.
The petitioner will produce certified copy of this order before the
court below concerned as well as the Investigating officer concerned. The
office of the Advocate General will also forward a certified copy of this
order to the Investigating Officer concerned.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
ALEXANDER THOMAS, JUDGE
ANNEXURE A1 TRUE COPY OF THE COMPLAINT IN
C.M.P.4352/2014 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, ADOOR.
ANNEXURE A2 CERTIFIED COPY OF CHARGE SHEET LAID BY
PANDALAM POLICE IN C.M.P 4352/2014.
ANNEXURE A3 ORIGINAL AFFIDAVIT FILED BY CW2.
P.S. To Judge.