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Hasif K. vs State Of Kerala on 20 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA,
1941

Crl.MC.No.8531 OF 2018(F)

AGAINST THE ORDER/JUDGMENT IN CC 439/2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, MALAPPURAM

CRIME NO.213/2017 OF Vazhakkad Police Station, Malappuram

PETITIONER/S:

1 HASIF K., AGED 38 YEARS, S/O. CHEKKU,
KUNNATHU HOUSE, G.A. COLLEGE P.O.,
KOZHIKODE

2 CHEKKU, AGED 66 YEARS, S/O. ALI,
KUNNATHU HOUSE,
G.A. COLLEGE P.O.,
KOZHIKODE

BY ADV. SRI.NIREESH MATHEW

RESPONDENT/S:

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

2 NIHALATH, AGED 27 YEARS
D/O. MOIDEEN, MANITHOTTATHIL HOUSE,
CHERUVAYUR P.O., MALAPPURAM DISTRICT 673 645

R2 BY ADV. BABU JOSE

OTHER PRESENT:

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 20.09.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
::2::
Crl.MC.No.8531 OF 2018(F)

ALEXANDER THOMAS, J.
—————————–
Crl.M.C.No.8531 Of 2018
———————————
Dated this the 20th day of September, 2019.

ORDER

The petitioners herein are the accused Nos.1 2 in the

impugned Anx-A Final Report in Crime No.213/2017 of Vazhakkad

Police Station, Malappuram District, registered for offences

punishable under Secs.448, 323, 498A 406 r/w Sec.34 of the SectionI.P.C,

which has been registered on the basis of the complaint of the

2nd respondent/complainant and which has led to the institution of

C.C.No.439/2018 on the file of the Judicial First Class Magistrate

Court, Malappuram. The 2nd respondent is the wife of the

1st petitioner (A-1). The prosecution case in short is that after the

marriage of the abovesaid spouses, the accused persons had treated

the de facto complainant with cruelty, both mentally and physically

and demanded more dowry. Now, it is stated that the entire disputes

between the petitioners and the 2nd respondent/de facto complainant

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

Anx-C affidavit before this Court, wherein it is stated that she has

settled the entire disputes with the petitioners and that she has no
::3::

Crl.MC.No.8531 OF 2018(F)

objection for quashment of the impugned criminal proceedings

pending against the petitioner. 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 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 Gian Singh v. State of Punjab reported in 2013 (1) SCC

(Cri) 160 (2012) 10 SCC 303 and Narinder Singh and others v.

::4::

Crl.MC.No.8531 OF 2018(F)

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 Final Report in Crime No.213/2017 of

Vazhakkad Police Station, Malappuram District, which has led to the

institution of C.C.No.439/2018 on the file of the Judicial First Class

Magistrate Court, Malappuram and all further proceedings arising

therefrom pending against the accused persons will stand quashed.

The petitioners will produce certified copies of this order

before the Investigating Officer concerned as well as the court

below concerned for necessary information. The 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.

bkn/-

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Crl.MC.No.8531 OF 2018(F)

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN
CC.NO. 439/2017 PENDING ON THE FILE OF
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, MALAPPURAM

ANNEXURE B CERTIFIED COPY OF THE MEMORANDUM OF
WITNESS IN CRIME NO. 213/2017 OF
VAZHAKKAD POLICE STATION

ANNEXURE C ORIGINAL OF THE AFFIDAVIT DATED
26.11.2018 SWORN TO BY THE 2ND
RESPONDENT

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