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Dr.Aneesh vs State Of Kerala on 29 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941

Crl.MC.No. 805 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 199/2017 of JUDICIAL FIRST
CLASS MAGISTRATE COURT, CHAVARA

CRIME NO. 2819/2016 OF Chavara Police Station , Kollam

PETITIONER/S:
1 DR.ANEESH, AGED 38 YEARS
S/O.PADMOLBHAVAN, USHAS, THOTTINU VADAKKUMURI,
CHAVARA, KOLLAM-691583.

2 THULASIBHAYI, AGED 76 YEARS
W/O.PADMOLBHAVAN, USHAS, THOTTINU VADAKKUMURI,
CHAVARA, KOLLAM-691583.

BY ADVS.
SRI.PRATHEESH.P
SMT.S.SEETHA
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

2 THE STATION HOUSE OFFICER
CHAVARA POLICE STATION, KOLLAM-691583.

3 RAJALEKSHMI, AGED 27 YEARS
D/O.PREMRAJ, GURUDEEPAM, PUTHIYAKAVU, KILIMANOOR
POST, THIRUVANANTHAPURAM-695601.

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1
AND R2, SRI.K.B.ARUN KUMAR FOR R3

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 805 of 2019

Dated this the 29th day of May, 2019
ORDER

The petitioners herein are the accused in the impugned Anx.2

final report/charge sheet filed in Anx.1 FIR in Crime No.2819/2016 of

Chavara Police Station, registered for offences punishable under

Sec.498A read with Sec. 34 of the SectionI.P.C., which has led to the

institution of C.C.No. 199/2017 on the file of the Judicial First Class

Magistrate’s Court (Temporary), Kollam, based on the complaint of

the 2nd respondent defacto complainant. It is stated that now the

entire disputes between the petitioners and the 2 nd respondent

defacto complainant have been settled amicably and that the 2 nd

respondent has sworn to Anx.3 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
Crl.M.C.805/19 – : 3 :-

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

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.2 final report/charge sheet filed in Anx.1 FIR in Crime

No.2819/2016 of Chavara Police Station, which has led to the
Crl.M.C.805/19 – : 4 :-

institution of C.C.No. 199/2017 on the file of the Judicial First Class

Magistrate’s Court (Temporary), Kollam, and all further proceedings

arising therefrom pending against the accused persons will stand

quashed.

The petitioners will produce certified copies of this order before

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.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.805/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 THE COPY OF FIR WITH PRIVATE COMPLAINT IN

CRIME NO.2819/2016 OF CHAVARA POLICE STATION.

ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME 2819/2016 OF
CHAVARA POLICE STATION.

ANNEXURE 3 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT
REGARDING THE COMPROMISE DATED 23.1.2019.

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