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Baiju Vincent vs The State Of Kerala on 6 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941

Crl.MC.No.7722 OF 2019(E)

AGAINST CC 1862/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS – I,
KARUNAGAPPALLY

CRIME NO.4222/2013 OF Karunaagapally Police Station , Kollam

PETITIONERS/ACCUSED 1 AND 3:

1 BAIJU VINCENT,
AGED 44 YEARS
S/O.JOSEPH VINCENT, RESIDING AT KOCHUKANDAVILA
KIZHAKKATHIL, KUREEPUZHA P.O., KOLLAM – 691 601.

2 JOYCE BABY,
AGED 68 YEARS
W/O.JOSEPH VINCENT, RESIDING AT KOCHUKANDAVILA
KIZHAKKATHIL, KUREEPUZHA P.O., KOLLAM – 691 601.

BY ADV. SRI.S.SREEKUMAR (KOLLAM)

RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

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

2 THE SUB INSPECTOR OF POLICE, KARUNAGAPALLY POLICE
STATION,
KOLLAM DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM – 682 031.

3 MARY BEENA CARDOZ,
AGED 33 YEARS, D/O.BONIFACE CARDOZ, RESIDING AT
MAZHAVANCHERIL, ALAPPADU, ALUMKADAVU, KARUNGAPPALLY,
KOLLAM – 690 573.

R3 BY ADV. SHAIN V.

OTHER PRESENT:

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7722/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.7722 of 2019
———————————————-
Dated this the 6th day of November, 2019

ORDER

All together there were three accused in the instant Crime.

The 2nd accused had died. The petitioners herein are accused Nos.1

and 3 among the three accused in the impugned Anx-I FIR in Crime

No.4222/2013 of Karunagapally Police Station, Kollam District,

which has been registered for offences punishable under Sec.498A

of the SectionI.P.C on the basis of a complaint filed by the 3 rd

respondent/defacto complainant and which has led to the

institution of Anx-A2 Final Report in C.C.No.1862/2014 on the file

of the Judicial First Class Magistrate Court-1, Karunagapally. It is

stated that now the entire disputes between the petitioners and the

3rd respondent/defacto complainant have been settled amicably and

that the 3rd respondent has sworn to Anx-A3 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
Crl.M.C.No.7722/2019 3

proceedings against them.

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 affidavits 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
Crl.M.C.No.7722/2019 4

the impugned Anx-A1 FIR in Crime No.4222/2013 of

Karunagapally Police Station, Kollam District, which has led to the

institution of Anx-A2 Final Report in C.C.No.1862/2014 on the file

of the Judicial First Class Magistrate Court-1, Karunagapally and all

further proceedings arising therefrom pending against the

accused will stand quashed.

The petitioners will produce certified copy of this order

before the court below concerned as well as the Investigating

officer concerned. The office of the Advocate General will also

forward a certified copy of this order to the Investigating Officer

concerned.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

sd/-

ALEXANDER THOMAS, JUDGE.

acd
Crl.M.C.No.7722/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME
NO.4222 OF 2013, DATED 24/12/2013 OF
KARUNGAPPALLY POLICE STATION.

ANNEXURE A2 A TRUE COPY OF THE CHARGE ON THE FILE
OF THE JUDICIAL MAGISTRATE COUR-I,
KARUNAGAPPALLY IN CC NO.1862 OF 2014.

ANNEXURE A3 A TRUE COPY OF THE AFFIDAVIT DATED
28TH OCTOBER, 2019 HAS BEEN SWORN BY
THE 3RD RESPONDENT BEFORE THIS
HON’BLE COURT.

True Copy

P.S. To Judge.

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