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Ansar P. Basheer vs State Of Kerala on 5 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

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

PETITIONER/ACCUSED:

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
KERALA, KOCHI.

2 SHINUMOL
AGED 29 YEARS
SHINU COTTAGE, NEAR S.N. POLYTECHNIC,
THAZHUTHALACHERY, ADICHANALLOOR P.O., KOLLAM
DISTRICT, PIN-691 573.

R2 BY ADV. ABRAHAM P.GEORGE

OTHER PRESENT:

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:
Crl.M.C.No.8654/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.8654 of 2019
———————————————-
Dated this the 5th day of December, 2019

ORDER

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
Crl.M.C.No.8654/2019 3

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
Crl.M.C.No.8654/2019 4

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.

sd/-

ALEXANDER THOMAS, JUDGE

acd
Crl.M.C.No.8654/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

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.

True Copy

P.S. To Judge.

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