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Crime No.778/2015 Of Elamakkara … vs Reji.R.Nair on 30 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941

Crl.MC.No.6734 OF 2019(B)

LP 18/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, ALUVA

CRIME NO.778/2015 OF ELAMAKKARA POLICE STATION , Ernakulam

PETITIONER/ACCUSED

REJI.R.NAIR
AGED 45 YEARS
S/O.RAMACHANDRAN NAIR, KANJIRAKKADU HOUSE,
KADATHURUTHY, NOW RESIDING AT THE HOUSE OF SHAJI,
PAMBAKUDA, ONAKKOOR,

BY ADV. SRI.M.J.SANTHOSH

RESPONDENTS/COMPLAINANT:

1 THE STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM

2 RESHMI
AGED 37 YEARS
D/O.ARAVINDHAKASHAN,
KUNNASERY HOUSE, PERANADOOR,
ELAMAKKARA, ERNAKULAM DIST.

BY ADVS.
FRANCIS.M.KURIAN FOR R2
SRI.P.N.SUMODU, PUBLIC PROSECUTOR FOR R1

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 6734 of 2019
2

ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 6734 of 2019
————————————
Dated this the 30th day of September, 2019

ORDER

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

FIR in Crime No.778/2015 of Elamakkara Police Station, Ernakulam

district, registered for offences punishable under Sec.498A of SectionIPC,

which has led to the institution of Anx.A2, Final report in L.P

No.18/18 on the file of the JFCM-II, Aluva. It is stated that now the

entire disputes between the petitioner and 2 nd respondent defacto

complainant have been settled amicably and that the 2nd respondent

has sworn to Anx.A3 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, the
Crl.M.C. No. 6734 of 2019
3

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 the

impugned Anx.A1 FIR in Crime No.778/2015 of Elamakkara Police

Station, Ernakulam district, which has led to the institution of
Crl.M.C. No. 6734 of 2019
4

Anx.A2, Final report in L.P No.18/18 on the file of the JFCM-II,

Aluva, 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 Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

KAS
Crl.M.C. No. 6734 of 2019
5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME
NO.778/2015 OF ELAMAKKARA POLICE
STATION

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN
LP.NO.18/18 ON THE FILE OF HON’BLE
JUDICIAL FIRST CLASS MAGISTRATE COURT-

11, ALUVA

ANNEXURE A3 AFFIDAVIT OF THE CW1/2ND RESPONDENT

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