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. 1862 of 2019
AGAINST THE ORDER/JUDGMENT IN SC 264/2018 of DISTRICT COURT
SESSIONS COURT,THALASSERY
PETITIONER/S:
1 JAYESH CHANDRABOSE
AGED 31 YEARS
S/O CHANDRABOSE, MANDAKINI HOUSE, PARASSINIKKADAVU,
ANDOOR AMSOM, THALIPPARAMBA, KANNUR-670 563.
2 CHANDRABOSE,
AGED 1 YEARS
MANDAKINI HOUSE, PARASSINIKKADAVU, NEAR SNAKE PARK,
ANDOOR AMSON, THALIPPARAMBA, KANNUR 670 563
3 LALITHA,
AGED 1 YEARS
W/O CHANDRABOSE, MANDAKINI HOUSE, PARASSINIKKADAVU,
NEAR SNAKE PARK, ANDOOR AMSOM, THALIPPARAMBA, KANNUR
DISTRICT, PIN 670 563.
4 SUKANYA,
AGED 1 YEARS
D/O CHANDRABOSE, MANDAKINI HOUSE, PARASSINIKKADAVU,
NEAR SNAKE PARK, ANDOOR AMSOM, THALIPPARAMBA, KANNUR
DISTRICT, PIN 670 563.
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTING SUB INSPECTOR OF POLICE, THALIPPARAMBA
POLICE STATION, KANNUR, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM
Crl.MC.No. 1862 of 2019
-:2:-
2 ANJU
AGED 27 YEARS
D/O PURUSHOTHAMAN, MUTTICHUR HOUSE,THALIKKULAM
P.O.NATTIKA VILLAGE, CHAVAKKAD TALUK, THRISSUR
DISTRICT, PIN 680 567
BY ADV. SRI.SEBY JOSEPH
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR, SRI.SEBY JOSEPH
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. 1862 of 2019
-:3:-
ALEXANDER THOMAS, J.
Crl.M.C. No.1862 of 2019
———————————–
Dated this the 11th day of March, 2019
ORDER
The petitioners herein are accused Nos.1 to 4 in the impugned Anx-A1
FIR in Crime No.1363/2017 of Thalipparamba Police Station, Kannur
district, registered for offences punishable under Secs.498A, 406, 323 and
324 of the Indian Penal Code and Section 3(1) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act. It is stated that now the
entire disputes between the petitioners and the 2 nd respondent de facto
complainant have been settled amicably and that the 2 nd respondent has
sworn to Anx.A3 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.MC.No. 1862 of 2019
-:4:-
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.A1 FIR in Crime No.1363 of 2017 Thalipparamba Police
Station, Kannur district and all further proceedings arising therefrom
pending against the petitioners 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. 1862 of 2019
-:5:-
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY FIR IN CRIME NO 1363/2017
OF THALIPPARAMBA POLICE STATION DATED
17.10.2017
ANNEXURE A2 CERTIFIED COPY FINAL REPORT IN CRIME NO
1363/2017 OF THALIPPARAMBA POLICE
STATION
ANNEXURE A3 AFFIDAVIT DATED 28.2.2019 OF 2ND
RESPONDENT
