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Crime No. 290/2018 Of … vs By Adv. Sri.K.P.Sudheer on 4 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941

Crl.MC.No. 2237 of 2019
TO QUASH THE PROCEEDINGS IN CC NO.797 OF 2018 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, KUTHUPARAMBA ARISING OUT OF CRIME
NO.290/2018 OF KUTHUPARAMBA POLICE STATION, KANNUR DISTRICT

CRIME NO. 290/2018 OF KUTHUPARAMBA POLICE STATION , KANNUR

PETITIONERS/ACCUSED NOS.1 2

1 K.P.SREEJITH KUMAR,
AGED 43 YEARS
S/O. KUMARAN, PRASANNA NIVAS,
KANDAMKUNNU AMSOM, KAITHERI, P.O.NIRMALAGIRI,
KUTHUPARAMBA, KANNUR DISTRICT 670 701.

2 PRASANNA,
W/O. KUMARAN,
PRASANNA NIVAS, KANDAMKUNNU AMSOM, KAITHERI, P.O.,
NIRMALAGIRI, KUTHUPARAMBA, KANNUR DISTRICT 670 701.

BY ADV. SRI.K.P.SUDHEER

RESPONDENTS/STATE DE FACTO COMPLAINANT

1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION
HOUSE OFFICER,
KUTHUPARAMBA POLICE STATION,
KANNUR DISTRICT 670 701.

2 PRABINA
AGED 31 YEARS
D/O. PRAKASHAN,
PRAMMAL HOUSE, PERUMBARAMBA, PAYAM AMSOM,
PERUMBARAMBA DESOM, IRITTY P.O.,
KANNUR DISTRICT 670 703.

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1,
SRI.J.RAMKUMAR FOR R2

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2237 of 2019

2

ALEXANDER THOMAS, J.

Crl.M.C. No.2237 of 2019
———————————–
Dated this the 04th day of April, 2019

ORDER

The petitioners herein are the accused 1 2 in the impugned Anx-A1

FIR in Crime No.290/2018 of Kuthuparamba Police Station, Kannur

District, registered for offences punishable under Sec.498A Sec.34 of the

Indian Penal Code, which has led to the institution of Annex.A2

memorandum of evidence and the charge sheet in C.C.No.797/2018 of the

Judicial First Class Magistrate Court, Kuthuparamba. It is stated that now

the entire disputes between the petitioners and the 2 nd respondent de facto

complainant have been settled amicably and that the 2nd respondent has

sworn to Annx.A3 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.MC.No. 2237 of 2019

3

Court can quash prosecution by exercise of the powers under Sec.482 of the

Cr.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 Gian Singh v. State of

Punjab reported in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and

Narinder 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.290/2018 of Kuthuparamba Police

Station, Kannur District, which has led to the institution of

C.C.No.797/2018 of the Judicial First Class Magistrate Court,

Kuthuparamba and all further proceedings arising therefrom pending

against all the accused will stand quashed.
Crl.MC.No. 2237 of 2019

4

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd
Crl.MC.No. 2237 of 2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF FIRST INFORMATION REPORT DATED
14.4.2018 IN CRIME NO. 290/2018 OF
KUTHUPARAMBA POLICE STATION.

ANNEXURE A2 TRUE COPY OF MEMORANDUM OF EVIDENCE AND THE
CHARGE SHEET IN CRIME NO. 290/2018 OF
KUTHUPARAMBA POLICE STATION.

ANNEXURE A3 AFFIDAVIT DATED 11.3.2019 EXECUTED BY THE
2ND RESPONDENT.

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