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Judgments of Supreme Court of India and High Courts

Faisal vs State Of Kerala on 26 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 26TH DAY OF SEPTEMBER 2019 / 4TH ASWINA, 1941

Crl.MC.No.6695 OF 2019(F)

AGAINST THE ORDER/JUDGMENT IN CC 168/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,NADAPURAM

CRIME NO.270/2017 OF Valayam Police Station , Kozhikode

PETITIONER/ACCUSED:

FAISAL
AGED 31 YEARS
S/O. AMMADHAJI, RESIDING AT PARPPURPARAMMEL VEEDU,
KODIYOORA P.O., VANIMEL VALAYAM POLICE STATION,
KOZHIKODE, RURAL DISTRICT,PIN-673 014

BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.
SMT.PARVATHY S.KRISHNAN
SHRI.MITHUN P.

RESPONDENTS:

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

2 DOULATH K.V.
AGED 27 YEARS
D/O. SULAIMAN, RESIDING AT THAZHE KOLENA VEETTIL,
CHEEKONNU VEST P.O,,NARIPPATTA AMSOM, CHEEKKONNU
DESOM, VADAKARA TALUK, KUTTIYADI POLICE STATION
LIMIT, KOZHIKODE DISTRICT,PIN-673 506

R2 BY ADV. AJOY VENU

OTHER PRESENT:

SRI.M.S.BREEZ, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.6695 OF 2019(F) 2

ALEXANDER THOMAS, J.
—————————————–
Crl.M.C. No. 6695 of 2019
—————————————–
Dated this the 26th day of September, 2019

ORDER

The petitioner herein is the sole accused in Anx-A1 Final

Report/charge sheet in Crime No.270/2017 of Valayam Police Station, Kozhikode

district, registered for offences punishable under Secs.406 and 498A of the

Indian Penal Code, which has led to the institution of C.C. No.168/2018 on the

files of the Judicial First Class Magistrate Court, Nadapuram. It is stated that

now the entire disputes between the petitioner and the 2 nd respondent defacto

complainant have been settled amicably and that the 2 nd respondent has sworn to

Anx.A2 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 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
Crl.MC.No.6695 OF 2019(F) 3

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 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

Crime No.270/2017 of Valayam Police Station, Kozhikode district, which has led

to the institution of C.C. No.168/2018 on the files of the Judicial First Class

Magistrate Court, Nadapuram, and all further proceedings arising therefrom

pending against accused will stand quashed. The petitioner will produce certified

copies of this order to the Investigating Officer concerned and the competent

court below concerned. Office of Advocate General will forward copy of this

order to the Investigating Officer concerned, for necessary information.

With these observations and directions, the above Criminal Miscellaneous

Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE
SKS
Crl.MC.No.6695 OF 2019(F) 4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FINAL REPORT/CHARGE
SHEET IN CRIME NO.270/2017 OF VALAYAM
POLICE STATION, KOZHIKODE RURAL DISTRICT.

ANNEXURE A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT.

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