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Dr.Jerin vs Dr.Susha on 29 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941

Crl.MC.No.7445 OF 2019(A)

CRIME NO.1829/2018 OF Mecical College Police Station ,
Thiruvananthapuram

PETITIONERS/ACCUSED 1 TO 3:

1 DR.JERIN
AGED 28 YEARS
S/O JEROD,MATHA SADANAM,PUTHANKADA,
NEYYATTINKARA,THIRUVANANTHAPURAM-695121.

2 JEROD,
AGED 58 YEARS
S/O VARGHESE,MATHA SADANAM,
PUTHANKADA,NEYYATTINKARA,THIRUVANANTHAPURAM-695121.

3 SUKUMARI,
AGED 53 YEARS
W/O JEROD,MATHA SADANAM,
PUTHANKADA,NEYYATTINKARA,
THIRUVANANTHAPURAM-695121.

BY ADV. SRI.LIJU. M.P

RESPONDENTS/DE FACTO COMPLAINANT STATE:

1 DR.SUSHA
D/O STELLA,MISPAH,TC 1/1934(1),
HSKRA 13,HS LANE,MEDICAL COLLEGE.P.O,
THIRUVANANTHAPURAM-695024.

2 STATE OF KERALA,
REP.BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.

R1 BY ADV. A.YAHIAKHAN

OTHER PRESENT:

SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7445/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.7445 of 2019
———————————————-
Dated this the 29th day of October, 2019

ORDER

The petitioners herein are the accused in the impugned Anx-A

FIR in Crime No.1829/2018 of Medical College Police Station,

Thiruvananthapuram District, which has been registered for offences

punishable under Secs.498A and 34 of the SectionI.P.C on the basis of a

complaint filed by the 1st 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-B 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
Crl.M.C.No.7445/2019 3

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

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 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-A FIR in Crime No.1829/2018 of Medical College

Police Station, Thiruvananthapuram District and all further

proceedings arising therefrom pending against the accused will

stand quashed.

The petitioners will produce certified copy of this order
Crl.M.C.No.7445/2019 4

before the court below concerned as well as the Investigating

officer concerned. The office of the Advocate General will also

forward a certified copy of this order to the Investigating Officer

concerned.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

sd/-

ALEXANDER THOMAS, JUDGE.

acd
Crl.M.C.No.7445/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FIR ALONG WITH
PRIVATE COMPLAINT IN CRIME
NO.1829/2019 OF MEDICAL COLLAGE POLICE
STATION,THIRUVANANTHAPURAM.

ANNEXURE B ORIGINAL OF THE AFFIDAVIT DATED
05.10.2019 EXECUTED BY THE 1ST
RESPONDENT/DEFACTO COMPLAINANT.

True Copy

P.S. To Judge.

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