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Judgments of Supreme Court of India and High Courts

Aswanth.A.S vs The State Of Kerala on 25 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941

Crl.MC.No.7361 OF 2019(A)

AGAINST THE ORDER/JUDGMENT IN MC 316/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -I,HOSDRUG

CRIME NO.229/2019 OF Chandera Police Station , Kasargod

PETITIONER/S:
1 ASWANTH.A.S, AGED 30 YEARS
S/O. SATHYAN A.M., RESIDING AT SREESUDHI HOUSE,
ARATTUTHARA P.O., MANANTHAVADY, WYNAD DISTRICT.

2 SATHYAN A.M., AGED 61 YEARS
RESIDING AT SREESUDHI HOUSE HOUSE,
ARATTUTHARA P.O., MANANTHAVADY, WYNAD DISTRICT.

3 SHANLAJA, AGED 52 YEARS, W/O. SATHAYAN A.M.,
RESIDING AT SREESUDHI HOUSE HOUSE, ARATTUTHARA
P.O., MANANTHAVADY, WYNAD DISTRICT.

4 SUDEEPA, AGED 30 YEARS
D/O. PADMANABHAN, RESIDING AT ONDAYANGADI VILLAGE,
VEMOM P.O., MANANTHAVADY, WYNAD DISTRICT.

BY ADVS.
SMT.SHIBA M SAMUEL
SRI.RAYJITH MARK

RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 SIJI.E.P, AGED 29 YEARS, D/O. K.V.KUNHIRAMAN,
RESIDING AT VAISHANAVAM, KANNAMKULAM, CHERUVATHUR
P.O., HOSDURG TALUK, KASARAGOD DISTRICT-671 313.

R2 BY ADV. ASHISH GOPAL K.G

OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.7361 OF 2019(A)

ALEXANDER THOMAS, J.
—————————–
Crl.M.C.No.7361 Of 2019
———————————
Dated this the 25th day of October, 2019.

ORDER

The petitioners herein are the accused in the impugned Anx-B

FIR in Crime No.229/2019 of Chandera Police Station, Kasargode

district, registered for offences punishable under Sec.498A of the

SectionI.P.C., on the basis of the complaint of the 2 nd respondent. The 1st

petitioner is the husband of the 2 nd respondent. The prosecution

allegation is that the after the marriage between the above spouses,

the accused persons demanded more dowry from the 2 nd respondent.

It is stated that now the entire disputes between the petitioners and

the 2nd respondent-de facto complainant have been settled amicably

as evident from Anx-C mediation settlement between the parties and

also that the 2nd respondent has sworn to Anx-D 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.

::3::

Crl.MC.No.7361 OF 2019(A)

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

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-B FIR in Crime No.229/2019 of Chandera
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Crl.MC.No.7361 OF 2019(A)

Police Station, Kasargode district and all further proceedings

arising therefrom pending against the petitioners/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 a

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/-

ALEXANDER THOMAS,
Judge.

bkn/-

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Crl.MC.No.7361 OF 2019(A)

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A THE TRUE COPY M.C.NO.316/2018 FILED BY
THE 2ND RESPONDENT BEFORE LEARNED
JUDICIAL FIRST CLASS MAGISTRATE COURT-
1, HOSDURG.

ANNEXURE B THE CERTIFIED COPY OF FIR IN CRIME
NO.229/2019 OF CHANDERA POLICE STATION
KASARGODE DISTRICT.

ANNEXURE C THE TRUE COPY OF MEDIATION REPORT OF
MEDIATION CENTRE HOSDURG SUB CENTRE,
KASARGOD DATED 24.9.2019.

ANNEXURE D THE COMPROMISE AFFIDAVIT SWORN BY THE
2ND RESPONDENT.

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