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Anu Surendran vs State Of Kerala on 23 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/S:

ANU SURENDRAN
AGED 21 YEARS
S/O. SURENDRAN, R/A. MANNANDALA, THIRUVANANTHAPRUAM
DISTRICT.

BY ADV. SRI.A.ARUNKUMAR

RESPONDENT/S:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 ANUSREE.K
D/O. RAJAN K.K,
KARUVALAN HOUSE, KOLIKKARA, EDACHAKI, UDINOOR
VILLAGE, CHANDERA, HOSDURG TALUK.

R2 BY ADV. VIPIN T JOSE

OTHER PRESENT:

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
ORDER

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

quashment.

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.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.6570/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

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
2ND RESPONDENT.

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