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:
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Crl.MC.No.8531 OF 2018(F)
ALEXANDER THOMAS, J.
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Crl.M.C.No.8531 Of 2018
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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
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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.
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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