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.
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Crl.M.C. No. 6923 of 2019
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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,
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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
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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
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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.
