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Binukuttan vs The State Of Kerala on 30 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 30TH DAY OF MAY 2019 / 9TH JYAISHTA, 1941

CRL.MC.NO. 3718 OF 2019

AGAINST THE ORDER/JUDGMENT IN CC 480/2014 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,THIRUVALLA

CRIME NO. 1990/2013 OF THIRUVALLA POLICE STATION ,
PATHANAMTHITTA

PETITIONER/ACCUSED NO.1:

BINUKUTTAN, AGED 43 YEARS,
S/O. THANKACHAN, PANTHALATTIL VEETTIL,
PERUMTHURUTHI, KAVUMBHAGOMM,
PATHANAMTHITTA DISTRICT

BY ADV. SRI.RAJESH SIVARAMANKUTTY

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULM

2 AMBILI G., AGED 39 YEARS,
D/O. PRASANNAKUMARI, CHITHRALAYAM, MALAMPUZHA,
PALAKKAD DISTRICT – 678 005.

SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1,
SRI.R.S.SARAT, ADVOCATE FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 3718 of 2019
————————————
Dated this the 30th day of May, 2019

ORDER

The petitioner herein is the accused in the impugned Anx.A

FIR in Crime No.1990/2013 of Thiruvalla Police Station,

Pathanamthitta district, registered for offences punishable under

Secs.498A r/w 34 of the SectionIPC, which has led to the institution of

Anx.B Final Report in C.C.No.480/2014 on the file of the JFCM,

Thiruvalla. It is stated that now the entire disputes between the

petitioner and the 2nd respondent defacto complainant have been

settled amicably and that the 2nd respondent has sworn to Anx.C

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,
Crl.M.C. No. 3718 / 2019

..3..

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.
Crl.M.C. No. 3718 / 2019

..4..

3. Accordingly, it is ordered in the interest of justice that

the impugned Anx.A FIR in Crime No.1990/2013 of Thiruvalla

Police Station, Pathanamthitta district, which led to the institution

of Anx.B Final Report in C.C.No.480/2014 on the file of the JFCM,

Thiruvalla, and all further proceedings arising therefrom pending

against the accused will stand quashed.

4. The petitioner will produce certified copies of this order

before 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/-

ALEXANDER THOMAS,
JUDGE

MMG
Crl.M.C. No. 3718 / 2019

..5..

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A A CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO.1990/2013 OF THIRUVALLA
POLICE STATION.

ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT
TAKEN ON FILE AS C.C.NO.480/2014
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE, THIRUVALLA

ANNEXURE C SWORN AFFIDAVIT OF THE 2ND RESPONDENT

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