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Chandran vs State Of Kerala on 9 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

CRL.MC.NO.6923 OF 2019(E)

CC 504/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, NEDUMANGAD

CRIME NO.1787/2011 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM

PETITIONER/ACCUSED:

CHANDRAN, AGED 58 YEARS,
JITHIN BHAVAN, ADIPARAMBU, MARUTHAMALA,
KOTTAKAKAOM MURI, VITHURA VILLAGE,
THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.P.ANOOP (MULAVANA)

RESPONDENTS/STATE, DEFACTO COMPLAINANT:

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

2 GEETHA, AGED 40 YEARS,
D/O.VASANTHA, JITHI BHAVAN, MANIKYAPURAM,
KARIPOOR MURI, KARIPOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695001.

SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1.
ADV. SRI.A.CHANDRA BABU FOR R2.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 09.10.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 6923 of 2019
————————————
Dated this the 9th day of October, 2019

ORDER

The petitioner herein is the accused in the impugned Anx.A1

Final Report in C.C.No. 504/2012 on the file of the JFCM-II,

Nedumangad, which has been arised from Crime No.1787/2011

of Nedumangad Police Station, Thiruvananthapuram district,

registered for offences punishable under Sec.498A of the SectionIPC. 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.A2 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. 6923 / 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.

3. Accordingly, it is ordered in the interest of justice that
Crl.M.C. No. 6923 / 2019

..4..

the impugned Anx.A1 Final Report in C.C.No. 504/2012 on the

file of the JFCM-II, Nedumangad, which has been arised

from Crime No.1787/2011 of Nedumangad Police Station,

Thiruvananthapuram district, 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. 6923 / 2019

..5..

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL
REPORT IN CC 504/2012 IN JUDICIAL
FIRST CLASS MAGISTRATE COURT-11,
NEDUMANGAD.

ANNEXURE A2 AFFIDAVIT FILED BY THE 2ND
RESPONDENT.

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