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Hameed vs State Of Kerala on 6 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941

Crl.MC.No.7726 OF 2019(E)

AGAINST CC 2782/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,VADAKKANCHERRY
CRIME NO.913/2016 OF Pazhayannur Police Station , Thrissur

PETITIONERS/ACCUSED NOS.1 TO 3:

1 HAMEED,AGED 43 YEARS
S/O.MUHAMMEDALI, KIZHAKKUMURI HOUSE, ELANADU VILLAGE,
ELANADU DESOM, THRISSUR – 680 586.

2 FATHIMA,AGED 69 YEARS
W/O.MUHAMMEDALI, KIZHAKKUMURI HOUSE, ELANADU VILLAGE,
ELANADU DESOM, THRISSUR – 680 586.

3 ABDUL MUTHALI @ MUTHALI,AGED 51 YEARS
S/O.MUHAMMEDALI, KIZHAKKUMURI HOUSE, ELANADU VILLAGE,
ELANADU DESOM, THRISSUR – 680 586.

BY ADVS.
SRI.ASHIK K.MOHAMMED ALI
SMT.JESSY GEORGE
SMT.LEKSHMI S.SEKHER

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM (REPRESENTING THE SUB INSPECTOR OF
POLICE, PAZHAYANNUR POLICE STATION, THRISSUR –
680587).

2 SHABNA RAHMAN,AGED 31 YEARS, D/O.ABDUL RAHMAN,
PULIKAL HOUSE, VIRUPPAKKA VILLAGE, VAZHANI DESOM,
THRISSUR – 680 589.

R2 BY ADV. A.M.FOUSI

OTHER PRESENT:

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7726/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.7726 of 2019
———————————————-
Dated this the 6th day of November, 2019

ORDER

The petitioners herein are accused Nos.1 to 3 in the impugned Crime

No.913/2013 of Pazhayannur Police Station, Thrissur District, which has been

registered for offences punishable under Sec.498A of the SectionI.P.C on the basis of

a complaint filed by the 2 nd respondent/defacto complainant and which has

led to the institution of Anx-A1 charge sheet in C.C.No.2782/2016 on the file

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

now the entire disputes between the petitioners 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 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
Crl.M.C.No.7726/2019 3

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 Crime No.913/2013 of Pazhayannur Police Station, Thrissur

District, which has led to the institution of Anx-A1 charge sheet in

C.C.No.2782/2016 on the file of the Judicial First Class Magistrate Court,

Wadakkanchery and all further proceedings arising therefrom pending

against the accused will stand quashed.

The petitioners will produce certified copy of this order before the

court below concerned as well as the Investigating officer concerned. The
Crl.M.C.No.7726/2019 4

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.7726/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET IN CC
NO.2782 OF 2016 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, WADAKKANCHERY.

ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT.

True copy

P.S.to Judge

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