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Judgments of Supreme Court of India and High Courts

Ashraf vs State Of Kerala on 1 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941

Crl.MC.No.6846 OF 2019(E)
AGAINST LPR 23/2018 OF CHIEF JUDICIAL MAGISTRATE ,THRISSUR

CRIME NO.2154/2019 OF THRISSUR WEST POLICE STATION , THRISSUR

PETITIONER/ACCUSED:

ASHRAF
AGED 41 YEARS
S/O. MOIDEENKUTTY, PUTHENVEETTIL, POOTHOLE P.O.,
THRISSUR, PIN – 680 004

BY ADV. SRI.MAHESH V.MENON

RESPONDENTS/STATE/ DE FACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031

2 FOUSIA
AGED 35 YEARS
D/O. AMMOOTTY, PERINGOTT HOUSE, P.O.KADAPPURAM,
MUNAKKAKKADAVU, CHAVAKKAD, THRISSUR, PIN – 680 514

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.6846 of 2019
2

ALEXANDER THOMAS, J.

Crl.M.C. No.6846 of 2019

Dated this the 1st day of November, 2019

ORDER

The petitioner herein has been arrayed as the sole accused in

Annexure-A1 FIR in Crime No.2154/2014 of Thrissur West Police Station,

registered for offences punishable under Secs.498A 406 of the Indian

Penal Code, which led to the pendency of Annexure-A2 final report in LPR

No.23/2018 on the file of the Chief Judicial Magistrate Court, Thrissur. It is

stated that now the entire disputes between the petitioner herein and the

2nd respondent/de facto complainant have been settled amicably and that

the 2nd respondent and the petitioner have entered into Annexure-A3

agreement of settlement and that the 2nd respondent 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. Though notice has been duly served on the 2 nd respondent,

there is no appearance for that party. The petitioner had earlier married

the 2nd respondent. It is stated that the impugned criminal proceedings
Crl.M.C. No.6846 of 2019
3

mainly on account of the incidents in relation to the marital discord

between the petitioner and the 2nd respondent. It is stated that the said

parties had made a comprehensive settlement and they had now dissolved

their marital relationship and both of them were separately re-married and

their marriages have also been duly solemnized and after his divorce, the

petitioner had married another woman and the 2 nd respondent has also

re-married another man. Now the 2 nd respondent has agreed that the

impugned criminal proceedings could be quashed on the basis of

settlement between the parties.

3. 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
Crl.M.C. No.6846 of 2019
4

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.

4. Accordingly, it is ordered in the interest of justice that the

impugned Annexure-A1 FIR in Crime No.2154/2014 of Thrissur West

Police Station, which led to the pendency of Annexure-A2 final report in

LPR No.23/2018 on the file of the Chief Judicial Magistrate Court, Thrissur

and all further proceedings arising therefrom pending against the accused

will stand quashed.

5. The petitioner 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.M.C. No.6846 of 2019
5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 A CERTIFIED COPY OF FIR IN CRIME NO.

2154/2019 OF THE THRISSUR WEST POLICE
STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT FILED
BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT,
THRISSUR

ANNEXURE A3 A TRUE COPY OF AGREEMENT BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT

ANNEXURE A4 A TRUE COPY OF THE RECEIPT ISSUED BY THE
2ND RESPONDENT

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