IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941
Crl.MC.No.7375 OF 2019(B)
AGAINST THE ORDER/JUDGMENT IN CC 469/2019 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, KADAKKAL
CRIME NO.343/2019 OF Kadakkal Police Station , Kollam
AGED 36 YEARS
S/O. BADARUDEEN, B.H.S. HOUSE, DHERPPAKKADU,
AYIRAKKUZHI, KADAKKAL, KOLLAM.
BY ADV. SRI.M.R.SASITH
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM – 682 031.
2 THE SUB INSPECTOR
KADAKKAL POLICE STATION, KOLLAM.
3 KHADEEJA MANAF
D/O. MANAF, KHADEEJA, ATTOTKONAM, KARINGANNOR,
KOTTARAKKARA TALUK, KOLLAM – 690 001.
R3 BY ADV. V.VINAR
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:
ALEXANDER THOMAS, J.
Crl.M.C.No. 7375 of 2019
Dated this the 25th day of October, 2019
The petitioner herein is the accused in the impugned Anx. A-1
final report/charge sheet filed in FIR in Crime No.343/2019 of
Kadakkal Police Station, registered for offences punishable under
Sec.498A of the SectionI.P.C., which has led to the institution of Calendar
Case, C.C.No.469/2019 on the file of the Judicial First Class
Magistrate’s Court, Kadakkal, on the basis of the complaint of the 3 rd
respondent defacto complainant. It is stated that now the entire
disputes between the petitioner and the 3 rd respondent defacto
complainant have been settled amicably and that the 3 rd respondent
has sworn to Anx. A-3 affidavit before this Court, wherein it is stated
that she has settled the entire disputes with the petitioner and that
she 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. 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
Crl.M.C.7375/2019 – : 3 :-
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
3. Accordingly, it is ordered in the interest of justice that the
impugned Anx. A-1 final report/charge sheet filed in FIR in Crime
No.343/2019 of Kadakkal Police Station, which has led to the
institution of Calendar Case, C.C.No.469/2019 on the file of the
Crl.M.C.7375/2019 – : 4 :-
Judicial First Class Magistrate’s Court, Kadakkal and all further
proceedings arising therefrom pending against the accused will stand
The petitioner 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.
sdk+ ALEXANDER THOMAS, JUDGE
ANNEXURE A1 CERTIFIED COPY OF FINAL REPORT SUBMITTED BEFORE THE
JUDICIAL FRIST CLASS MAGISTRATE COURT-KADAKKAL AS CC
ANNEXURE A2 TRUE COPY OF AGREEMENT EXECUTED BETWEEN THE
PETITIONER AND RESPONDENT NO.3 DATED 13.8.2019.
ANNEXURE A3 TRUE COPY OF AFFIDAVIT OF EXECUTED BETWEEN THE
PETITIONER AND 3RD RESPONDENT.