IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 23RD DAY OF SEPTEMBER 2019 / 1ST ASWINA, 1941
Crl.MC.No.6570 OF 2019(A)
CRIME NO.275/2019 OF Chandera Police Station , Kasargod
AGED 21 YEARS
S/O. SURENDRAN, R/A. MANNANDALA, THIRUVANANTHAPRUAM
BY ADV. SRI.A.ARUNKUMAR
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
D/O. RAJAN K.K,
KARUVALAN HOUSE, KOLIKKARA, EDACHAKI, UDINOOR
VILLAGE, CHANDERA, HOSDURG TALUK.
R2 BY ADV. VIPIN T JOSE
SRI.P.N.SUMODU, PUBLIC PROSECUTOR FOR R1
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No. 6570 of 2019
Dated this the 23rd day of September, 2019
The petitioner herein is the sole accused in the impugned
Anx.AI FIR in Crime No.275/2019 of Chandera Police Station,
registered for offences punishable under Sec.498A of the SectionI.P.C. on the
basis of the complaint of the 2nd respondent defacto complainant. 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.AII 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
Crl.M.C.6570/19 – : 3 :-
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
3. Accordingly, it is ordered in the interest of justice that the
impugned Anx.AI FIR in Crime No.275/2019 of Chandera Police
Station, and all further proceedings arising therefrom pending against
the accused will stand quashed.
The petitioner will produce certified copies of this order before
Crl.M.C.6570/19 – : 4 :-
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.6570/19 – : 5 :-
ANNEXURE AI A TRUE COPY OF THE FIR IN CRIME NO.275/2019
OF CHANDERA POLICE STATION.
ANNEXURE AII A TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE