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Arun Chandran.A.K vs State Of Kerala on 18 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

Crl.MC.No.1492 OF 2019(F)

AGAINST THE ORDER/JUDGMENT IN CC 258/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, SASTHANCOTTAH

CRIME NO.1777/2017 OF SASTHANCOTTAH POLICE STATION, KOLLAM

PETITIONERS:

1 ARUN CHANDRAN.A.K
AGED 32 YEARS
S/O. ARAVINDAKSHAN PILLAI,
RESIDING AT ARUN NIVAS, AAYIKUNNU,
WEST KALLADA, SASTHANCOTTAH,
KOLLAM RURAL 690 520 KERALA.

2 ARAVINDAKSHAN PILLAI,
AGED 60 YEARS
S/O. CHELLAPPAN PILLAI,
RESIDING AT ARUN NIVAS, AAYIKUNNU,
WEST KALLADA, SASTHANCOTTAH,
KOLLAM RURAL 690 520 KERALA

3 KOMALAVALLY,
AGED 50 YEARS
W/O. ARAVINDAKSHAN PILLAI,
S/O. CHELLAPPAN PILLAI
RESIDING AT ARUN NIVAS,
AAYIKUNNU, WEST KALLADA,
SASTHANCOTTAH,
KOLLAM RURAL 690 520 KERALA.

4 ARYA
AGED 30 YEARS
D/O. ARAVINDAKSHAN PILLAI,
S/O. CHELLAPPAN PILLAI
RESIDING AT ARUN NIVAS,
AAYIKUNNU, WEST KALLADA,
SASATHANCOTTAH,
KOLLAM RURAL 690 520 , KERALA.
Crl.MC.No.1492 OF 2019(F)

2

BY ADVS.
SRI.KRISHNADAS P. NAIR
SMT.K.L.SREEKALA
SRI.HARIDAS P.NAIR
SRI.M.A.VINOD
SRI.M.RAJESH KUMAR
SAHEER M

RESPONDENTS:

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

2 THE SUB INSPECTOR OF POLICE
SASTHAMKOTTAH POLICE STATION,
KOLLAM DISTRICT 690 521.

3 AKHILA MOHAN,
AGED 26 YEARS
D/O. MOHANAN PILLAI,
RESIDING AT KINARUVILA PUTHENVEEDU,
SOUTH MYNAGAPPALLY, MYNAGAPPALLY,
SASTHANCOTTAH, KOLLAM RURAL KERALA.

R3 BY ADV. SRI.SOORANAD S.SREEKUMAR
SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1492 OF 2019(F)

3

ALEXANDER THOMAS, J.

Crl.M.C.No.1492 of 2019
———————————–
Dated this the 18th day of November, 2019

ORDER

The petitioners herein have been arrayed as the accused in Annexure-

A1 FIR in Crime No.1777/2017 of Sasthancottah Police Station, Kollam,

registered for offences punishable under Secs.498A, 323 34 of Indian

Penal Code and Section 75 of Juvenile Justice (Care and Protection of

Children) Act, 2015, which led to the pendency of Annexure-A2 final report

in C.C.No.258/2018 on the file of the Judicial First Class Magistrate’s

Court, Sasthancottah. It is stated that now the entire disputes between the

petitioners herein and the 3rd respondent/de facto complainant have been

settled amicably and that the 3 rd respondent has sworn to an affidavit

before this Court, wherein it is stated that she has settled the entire

disputes with the petitioners and that she 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 the prayer to quash the impugned criminal proceedings

against them.

Crl.MC.No.1492 OF 2019(F)

4

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

Cr.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 Gian Singh v. State of

Punjab reported in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and

Narinder 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 Annexure-A1 FIR in Crime No.1777/2017 of Sasthancottah

Police Station, Kollam, which led to the pendency of Annexure-A2 final
Crl.MC.No.1492 OF 2019(F)

5

report in C.C.No.258/2018 on the file of the Judicial First Class

Magistrate’s Court, Sasthancottah and all further proceedings arising

therefrom pending against all the accused will stand quashed.

4. The petitioners will produce certified copies of this order to the

Investigating Officer concerned and the competent court below concerned.

Office of Advocate General will forward a copy of this order to the

Investigating Officer concerned, for necessary information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE

vgd
Crl.MC.No.1492 OF 2019(F)

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APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 8.9.2017 IN
CRIME NO. 1777/2017 OF SASTHAMKOTTAH POLICE
STATION.

ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT DATED
5.7.2018 IN CRIME NO. 1777/2017 OF
SASTHAMKOTTAH POLICE STATION, KOLLAM
DISTRICT.

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