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Asif vs The State Of Kerala on 17 July, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941

Crl.MC.No.4989 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 743/2017 of JUDICIAL MAGISTRATE
OF FIRST CLASS , MANNARKAD

CRIME NO.435/2017 OF Mannarkkad Police Station , Palakkad

PETITIONER/S:

1 ASIF,
AGED 38 YEARS
S/O. ABDULLAKKUTTY, KELASSERRY HOUSE, TIPPU NAGAR,
MANALADI, PALAKKAD DISTRICT.

2 ABDULLAKKUTTY,
AGED 75 YEARS
S/O. ENU, KELASSERRY HOUSE, TIPPU NAGAR, MANALADI,
PALAKKAD DISTRICT.

3 MARIAKKUTTY,
AGED 68 YEARS
W/O. ABDULLAKKUTTY, KELASSERRY HOUSE, TIPPU NAGAR,
MANALADI, PALAKKAD DISTRICT.

4 SHABEER,
AGED 40 YEARS
S/O. ABDULLAKKUTTY, KELASSERRY HOUSE, TIPPU NAGAR,
MANALADI, PALAKKAD DISTRICT.

5 BUSHRA,
AGED 52 YEARS
W/O. HAMSA, KELASSERRY HOUSE, TIPPU NAGAR,
MANALADI, PALAKKAD DISTRICT.

BY ADV. SRI.K.RAKESH

RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI 682 031
2 THE SUB INSPECTOR OF POLICE
MANNARKKAD POLICE STATION, PALAKKAD DISTRICT, PIN
678 582

3 NISHANA
AGED 27 YEARS
D/O. MUHAMMED, MUNDODAN HOUSE, VADAKKUMANNAM,
MANNARKKAD POST, PALAKKAD DISTRICT, PIN 678 582

OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1 AND R2,
SRI.K.S.PRAVEEN FOR R3

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 4989 of 2019

Dated this the 17th day of July, 2019
ORDER

The petitioners herein are the accused in the impugned Anx.A

final report/charge sheet filed in Crime No. 435/2017 of Mannakkad

Police Station, registered for offences punishable under Secs.498A

read with Sec. 34 of the SectionI.P.C., which has led to the institution of

Calendar Case, C.C.No.743/2017 on the file of the Judicial First Class

Magistrate’s Court, Mannarkkad, on the basis of the complaint of the

2nd respondent defacto complainant. It is stated that now the entire

disputes between the petitioners and the 3 rd respondent defacto

complainant have been settled amicably and that the 3 rd d respondent

has sworn to Anx.B 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.

2. In a catena of decisions, the Apex Court has held that, in

appropriate cases involving even non-compoundable offences, the
Crl.M.C.4989/19 – : 4 :-

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

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.A final report/charge sheet filed in Crime No. 435/

2017 of Mannakkad Police Station, which has led to the institution of
Crl.M.C.4989/19 – : 5 :-

Calendar Case, C.C.No.743/2017 on the file of the Judicial First Class

Magistrate’s Court, Mannarkkad and all further proceedings arising

therefrom pending against the accused persons will stand quashed.

The petitioners will produce certified copies of this order before

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.4989/19 – : 6 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO.
435/2017 OF MANNARKKAD POLICE STATION

ANNEXURE B AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT DATED
4-7-2019

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