IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940
Crl.MC.No. 1843 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 255/2018 of JUDICIAL MAGISTRATE
OF FIRST CLASS ,VADAKARA
CRIME NO. 370/2017 OF CHOMBALA POLICE STATION , Kozhikode
PETITIONER/S:
GAFOOR,
AGED 49 YEARS,
S/O.AHAMMED, RESIDING AT KALLARAKKAL PUTHIYAPURAYIL,
THAZHE ANGADI, VADAKARA, KOZHIKODE DISTRICT, PIN-
673101.
BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.
2 JASEELA @ SHAKEELA,
AGED 39 YEARS,
D/O.MANALIL AHAMMED, RESIDING AT AYISHA MANZIL,
AZHIYOOR AMSOM DESOM, VADAKARA TALUK, KOZHIKODE
DISTRICT, PIN-673309.
BY ADV. SRI.AJOY VENU
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SRI.AJOY VENU FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1843 of 2019
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ALEXANDER THOMAS, J.
Crl.M.C. No.1843 of 2019
———————————–
Dated this the 11th day of March, 2019
ORDER
The petitioner herein is the sole accused in the impugned Anx-A1
Final Report in Crime No.370/2017 of Chombala Police Station, Kozhikode
district, registered for offences punishable under Secs.406 and 498(A) of
the Indian Penal Code. It is stated that now the entire disputes between the
petitioner and the 2nd respondent de facto complainant have been settled
amicably and that the 2nd 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
Crl.MC.No. 1843 of 2019
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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.A1 Final Report in Crime No.370/2017 of Chombala Police
Station, Kozhikode district, and all further proceedings arising therefrom
pending against the petitioner will stand quashed.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
DST
Crl.MC.No. 1843 of 2019
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY FINAL REPORT/CHARGE SHEET
IN C.C.NO.255 OF 2018, PENDING ON THE
FILES OF THE JUDICIAL MAGISTRATE OF
FIRST CLASS, VATAKARA, KOZHIKODE, AROSE
FROM CRIME NO.370/2017 OF CHOMBALA
POLICE STATION, KOZHIKODE DISTRICT,
REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 406 And 498A OF THE
INDIAN PENAL CODE.
ANNEXURE A2 THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE
SECOND RESPONDENT/DE FACTO COMPLAINANT.
