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Biaz S. Lal vs State Of Kerala Represented By … on 5 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941

Crl.MC.No.8644 OF 2019(A)

AGAINST CC 1379/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD

CRIME NO.1379/2015 OF Nedumangad Police Station , Thiruvananthapuram

PETITIONERS/ACCUSED:

1 BIAZ S. LAL,AGED 35 YEARS,S/O.JALALUDHEEN, PLOT NO.42,
P.S.NAGAR, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695541

2 JALALUDHEEN,AGED 74 YEARS,S/O.ABOOBACKER,PLOT NO.42,
P.S.NAGAR, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695541

3 SEENATH,AGED 57 YEARS,W/O.JALALUDHEEN,PLOT NO.42,
P.S.NAGAR, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695541

4 BISMI S.LAL,AGED 38 YEARS,D/O.SEENATH, PLOT NO.42,
P.S.NAGAR, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695541

BY ADVS.
SRI.GEORGE MATHEW
SHRI.PRAVEEN S.
SHRI.SUNIL KUMAR A.G
SRI.DIPU JAMES
SHRI.MATHEW K.T.
SHRI.GEORGE K.V.

RESPONDENTS/COMPLAINANT-STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682031

2 THE STATION HOUSE OFFICER,NEDUMANGAD POLICE STATION,
THIRUVANANTHAPURAM DISTRICT-695541

3 SHAMNA S.S.,AGED 30 YEARS,D/O.ZEENATH BEEVI, ALLAMIN
MANZIL, POOVACHAL.P.O., KATTAKADA, THIRUVANANTHAPURAM
DISTRICT-695575

R3 BY ADV. ELSA DENNY PINDIS
OTHER PRESENT:
SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.12.2019, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8644/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.8644 of 2019
———————————————-
Dated this the 5th day of December, 2019

ORDER

The petitioners herein are the accused in the impugned Anx-A1 FIR in

Crime No.677/2015 of Nedumangad Police Station, Thiruvananthapuram

District, which has been registered for offences punishable under Secs.498A

and 34 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.1379/2015 on the file of the Judicial First Class

Magistrate Court-II, Nedumangad. It is stated that now the entire disputes

between the petitioners and the 3rd respondent/defacto complainant have

been settled amicably and that the 3 rd respondent has sworn to Anx-A4

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 High
Crl.M.C.No.8644/2019 3

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 the

impugned Anx-A1 FIR in Crime No.677/2015 of Nedumangad Police Station,

Thiruvananthapuram District, which has led to the institution of Anx-A2 Final

Report in C.C.No.1379/2015 on the file of the Judicial First Class Magistrate

Court-II, Nedumangad and all further proceedings arising therefrom

pending against the accused will stand quashed.

The petitioners will produce certified copy of this order before the
Crl.M.C.No.8644/2019 4

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.8644/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF FIRST INFORMATION REPORT(FIR)
DATED 16.05.2015 IN CR.NO.677/2015 OF
NEDUMANGAD POLICE STATION

ANNEXURE A2 TRUE COPY OF FINAL REPORT DATED 26.05.2015
IN CR.NO.677/2015 OF NEDUMANGAD POLICE
STATION

ANNEXURE A3 TRUE COPY OF MEMORANDUM OF AGREEMENT DATED
28.08.2017 SINGED BY 3RD RESPONDENT AND
ACCUSED

ANNEXURE A4 TRUE COPY OF AFFIDAVIT DTD 26.11.2019 SWORN
TO BY 3RD RESPONDENT

True Copy

P.S. To Judge.

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