SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Danesh.M.P vs Rajisha.R on 19 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941

Crl.MC.No.6470 OF 2019(G)

CRIME NO.581/2018 OF Medical College Police Station , Kozhikode

PETITIONER/S:

1 DANESH.M.P, AGED 35 YEARS
S/O. KANARAN, MAVULLA PARAMBATH, KARANDODE
(P.O),PIN-673 508, KUTTYADI VILLAGE, VATAKARA
TALUK, KOZHIKODE (DT)

2 SULOCHANA.A., AGED 58 YEARS
MAVULLA PARAMBATH, KARANDODE (P.O),PIN-673 508,
KUTTYADI VILLAGE, VATAKARA TALUK, KOZHIKODE (DT)

BY ADVS.
SRI.SANTHARAM.P
SMT.REKHA ARAVIND
SRI.PAUL P. ABRAHAM

RESPONDENT/S:

1 RAJISHA.R, D/O. RAJAN, KARTHIKA, KOMMERI (P.O),PIN-
673 007,GOVINDAPURAM, VALAYANADU VILLAGE, KOZHIKODE
TALUK, KOZHIKODE (DT)

2 STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-31

OTHER PRESENT:

SRI.ANOOP JOSEPH FOR R1,
SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 6470 of 2019

Dated this the 19th day of September, 2019
ORDER

The petitioners herein are the accused in the impugned Anx.A1

FIR in Crime No.581/2018 Medical College Police Station,

Kozhikode, registered for offences punishable under Secs.406 and

498A read with Sec. 34 of the SectionI.P.C., on the basis of the 1 st respondent

defacto complainant. It is stated that now the entire disputes between

the petitioners and the 1st respondent defacto complainant have been

settled amicably and that the 1st respondent has sworn to Anx. A-2

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 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
Crl.M.C.6470/19 – : 3 :-

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.581/2018 Medical College Police

Station, Kozhikode and all further proceedings arising therefrom

pending against the accused persons will stand quashed.

The petitioners will produce certified copies of this order before
Crl.M.C.6470/19 – : 4 :-

the 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.

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.6470/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-I CERTIFIED COPY OF FIR IN CRIME NO.581/2018 OF
MEDICAL COLLEGE POLICE STATION

ANNEXURE-II NOTARIZED AFFIDAVIT DATED, 29/08/2019 OF THE
DE-FACTO COMPLAINANT

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation