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Firoz vs State Of Kerala on 10 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941

Crl.MC.No. 2827 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 1746/2014 of JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KOLLAM

CRIME NO. 2040/2013 OF ERAVIPURAM POLICE STATION , Kollam

PETITIONER/S:
1 FIROZ, AGED 29 YEARS, S/O SALIM,CHARUVILA
HOUSE,KODAM THURUTHU VILLAGE,CHERTHALA
TALUK,ALAPPUZHA.

2 SALIM.K, AGED 63 YEARS, S/O KASIM,CHERUVILA HOUSE,
KODAM THURUTHU VILLAGE,CHERTHALA TALUK,
ALAPPUZHA.

3 SULAIKHA, AGED 58 YEARS
W/O SALIM,CHARUVILA HOUSE,KODAM THURUTHU
VILLAGE,CHERTHALA TALUK,ALAPPUZHA.

BY ADVS.
SRI.K.S.HARIHARAPUTHRAN
SMT.BHANU THILAK
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682031.

2 THE SUB INSPECTOR OF POLICE
ERAVIPURAM POLICE STATION,KOLLAM DISTRICT-691011,
THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM-682031.

3 JISHA A., D/O.M.ABDUL LATHEEF,PARAMPIL,SANTHI
NAGAR-87, AYATHIL.P.O,KOLLAM-691021.

BY ADV. SRI.SETHURAM DHARMAPALAN
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1
AND R2, SRI.SETHURAM DHARMAPALAN FOR R3

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 2827 o 2019

Dated this the 10th day of April, 2019
ORDER

The petitioners herein are accused in the impugned Anx.A-2 final

report fined in Anx. A1 FIR in Crime No.2040/2013 of Eravipuram Police

Station, which has led to the institution of C.C.No. 1746/2014 on the file

of the Judicial First Class Magistrate’s Court-II, Kollam, registered for

offences punishable under Secs.498A, 323 34 of the I.P.C. on the basis of

the complaint of the 3rd respondent defacto complainant. It is stated that

now the entire disputes between the petitioners and 3 rd respondent defacto

complainant have been settled amicably and that the 3 rd respondent has

sworn to Anx.A-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

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
Crl.M.C.2827/19 – : 3 :-

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 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 Anx.A-2 final report fined in Anx.A-1 FIR in Crime No.2040/

2013 of Eravipuram Police Station, which has led to the institution of

C.C.No. 1746/2014 on the file of the Judicial First Class Magistrate’s Court-

II, Kollam, and all further proceedings arising therefrom pending against

the accused persons will stand quashed.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.2827/19 – : 4 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF FIRST INFORMATION REPORT
DTD.27.11.2014 IN CRIME NO.240 OF 2013 OF
ERAVIPURAM POLICE STATION,KOLLAM DISTRICT.

ANNEXURE A2 TRUE COPY OF THE FINAL REPORT DTD.27.11.2013
IN CRIME NO.2040 OF 2013 OF ERAVIPURAM POLICE
STATION,KOLLAM DISTRICT.

ANNEXURE A3 NOTARY ATTESTED DTD.05.04.2019 SWORN TO BY 3RD
RESPONDENT.

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