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Faizal vs State Of Kerala on 8 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941

Crl.MC.No.7824 OF 2019(G)

AGAINST THE ORDER/JUDGMENT IN CC 541/2016 OF JUDICIAL MAGISTRATE
OF FIRST CLASS 1, VARKALA

CRIME NO.158/2016 OF KADAKKAVOOR POLICE STATION,
THIRUVANANTHAPURAM

PETITIONERS/ACCUSED:

1 FAIZAL
AGED 29 YEARS, S/O.ABDUL HAKKIM,
SHAHIDA MANZIL, KULAMUTTAM.P.O,
KAVALAKKAL, MANAMBOOR,
THIRUVANANTHAPURAM, PIN-695144

2 SAGAR
AGED 39 YEARS, S/O.ABDUL HAKKIM,
SHAHIDA MANZIL, KULAMUTTAM.P.O,
KAVALAKKAL, MANAMBOOR,
THIRUVANANTHAPURAM, PIN-695144

3 SHAHIDA BEEGUM
AGED 38 YEARS, D/O.RASHEEDA BEEVI,
SHAHIDA MANZIL, KULAMUTTAM.P.O,
KAVALAKKAL, MANAMBOOR,
THIRUVANANTHAPURAM, PIN-695144

4 MOHAMMED ROSHAN
AGED 24 YEARS, S/O.KABEER,
ROJA MANZIL, KAVALAKKAL, MANAMBOOR,
KULAMUTTAM.P.O, KAVALAKKAL, MANAMBOOR,
THIRUVANANTHAPURAM, PIN-695144

5 RASHEEDA BEEVI
AGED 59 YEARS, SHAHIDA MANZIL,
KULAMUTTAM.P.O, KAVALAKKAL,
MANAMBOOR, THIRUVANANTHAPURAM,
PIN-695144

BY ADV. SRI.K.P.SUJESH KUMAR
Crl.MC.No.7824 OF 2019(G)

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RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031

2 BISMI
AGED 26 YEARS, D/O.NAZER,
VAYALIL VEEDU, PERUMKULAM.P.O,
KEEZHATTINGAL,
THIRUVANANTHAPURAM-695102

R2 BY ADV. KEERTHI K.NARAYANAN
SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7824 OF 2019(G)

3

ALEXANDER THOMAS, J.

Crl.M.C.No.7824 of 2019
———————————–
Dated this the 08th day of November, 2019

ORDER

The petitioners herein have been arrayed as the accused in Crime

No.158/2016 of Kadakkavoor Police Station, Thiruvananthapuram,

registered for offences punishable under Secs.323, 498A, 354 read with

Section 34 of the Indian Penal Code, which led to the pendency of

Annexure-A1 final report in C.C.No.541/2016 on the file of the Judicial

First Class Magistrate’s Court-I, Varkala. It is stated that now the entire

disputes between the petitioners herein and the 2nd respondent/de facto

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

sworn to Annexure-A2 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.

Crl.MC.No.7824 OF 2019(G)

4

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 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 Crime No.158/2016 of Kadakkavoor Police Station,

Thiruvananthapuram, which led to the pendency of Annexure-A1 final
Crl.MC.No.7824 OF 2019(G)

5

report in C.C.No.541/2016 on the file of the Judicial First Class Magistrate’s

Court-I, Varkala and all further proceedings arising therefrom pending

against all the accused will stand quashed.

4. The petitioners will produce certified copies of this order to the

Investigating Officer concerned and the competent court below concerned.

Office of Advocate General will forward a 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

vgd
Crl.MC.No.7824 OF 2019(G)

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APPENDIX

RESPONDENT’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET IN CC
NO.541/2016 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I, VARKALA

ANNEXURE A2 NOTARIZED AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DATED 06.02.2019

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