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Crime No. 677/2017 Of Balussery … vs By Adv. Sri.E.C.Ahamed Fazil on 26 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY ,THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941

Crl.MC.No. 1223 of 2019

TO QUASH ALL PROCEEDINGS IN CRIME NO.677 OF 2017 OF BALUSSERY
POLICE STATION, KOZHIKODE LEADING TO CC NO.825/2017 ON THE FILES
OF JUDICIAL FIRST CLASS MAGISTRATE COURT – II, PERAMBRA

CRIME NO. 677/2017 OF BALUSSERY POLICE STATION , KOZHIKODE

PETITIONERS/ACCUSED

1 SANJITH.K.P
AGED 39 YEARS
S/O BALAKRISHNAN NAYAR, KODUVAPEEDIKKAL HOUSE,
PUTHOOR POST, PUTHOOR, OMASSERY, KOZHIKODE,
PIN-673 104.

2 SAJEEVAN
AGED 42 YEARS
S/O BALAKRISHNAN NAYAR, KODUVAPEEDIKKAL HOUSE,
PUTHOOR POST, PUTHOOR, OMASSERY,
KOZHIKODE, PIN-673 104.

3 PADMINI AMMA
AGED 62 YEARS
W/O. BALAKRISHNAN NAYAR, KODUVAPEEDIKKAL HOUSE,
PUTHOOR POST, PUTHOOR, OMASSERY, KOZHIKODE,
PIN-673 104.

BY ADV. SRI.E.C.AHAMED FAZIL

RESPONDENTS/STATE AND DEFACTO COMPLAINANT

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.

2 THE SUB INSPECTOR OF POLICE
BALUSSERY POLICE STATION, KOZHIKODE DISTRICT-673612.
Crl.M.C.No.1223 of 2019
2

3 SHINI.K.R.
AGED 28 YEARS
D/O. RAMACHANDRAN, RESIDING AT KARAMBAYIL HOUSE,
KANNADIPOYIL POST, BALUSSERY, THAMARASSERY THALOOK,
KOZHIKODE DISTRICT, PIN-673612.

SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1 AND R2,
SRI.K.M.FIROZ FOR R3

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
26.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1223 of 2019
3

ALEXANDER THOMAS, J.

Crl.M.C.No.1223 of 2019

Dated this the 26th day of March, 2019

ORDER

The petitioners herein are the accused in the impugned Annx-A1

Charge Sheet in Crime No.677/2017 of Balussery Police Station,

Kozhikode, registered for offences punishable under Secs.498A 406

read with Sec.34 of the IPC, which has led to the institution of

C.C.No.825/2017 on the file of the Judicial First Class Magistrate

Court-II, Perambra. It is stated that now the entire disputes between

the petitioners and the de facto complainant (3 rd respondent) have been

settled amicably and that the 3rd respondent has sworn to Annx-A2

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.

Crl.M.C.No.1223 of 2019
4

2. In a catena of decisions, the Apex Court has held that, in

appropriate cases involving even non-compoundable offences, the High

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 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 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 Annx.A1 Charge Sheet in Crime No.677/2017 of Balussery

Police Station, Kozhikode, which has led to the institution of
Crl.M.C.No.1223 of 2019
5

C.C.No.825/2017 on the file of the Judicial First Class Magistrate

Court-II, Perambra and all further proceedings arising therefrom

pending against all the accused will stand quashed.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd
Crl.M.C.No.1223 of 2019
6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF CHARGE SHEET IN CRIME
NO.677 OF 2017 OF BALUSSERY POLICE
STATION, KOZHIKODE.

ANNEXURE A2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE
3RD RESPONDENT.

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