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Jiju C. vs Sandhya T.P 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.6535 OF 2019(F)

CC 192/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMANGALAM

CRIME NO.74/2019 OF Mavoor Police Station , Kozhikode

PETITIONER/ACCUSED:

JIJU C.,AGED 31 YEARS
S/O. BABU, CHENOOTTIL HOUSE, CHEROOPPA P.O., MAVOOR,
CHEROOPPA AMSOM AND DESOM, KOZHIKODE-673 661

BY ADV. SRI.P.B.SAJITH

RESPONDENTS/DEFACTO COMPLAINANT COMPLAINANT:

1 SANDHYA T.P.
AGED 21 YEARS
D/O. BABU, THATTAMBALATH HOUSE, KANNIPARAMBA P.O.,
KANNIPARAMBA AMSOM AND DESOM, KOZHIKODE-673 661

2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-6872 031

R1 BY ADV. R.SUDHISH

OTHER PRESENT:

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6535/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No. 6535 of 2019
———————————————-
Dated this the 20th day of September, 2019

ORDER

The petitioner herein is the accused in the instant Crime

No.74/2019 of Mavoor Police Station, Kozhikode District, which

has been registered for offences punishable under Secs.498A, 406

34 of the SectionI.P.C on the basis of a complaint filed by the 1 st

respondent/defacto complainant and which has led to the

institution of Anx-A-5 Final Report in C.C.No.192/2019 on the file

of the Judicial First Class Magistrate Court, Kunnamangalam. It is

stated that now the entire disputes between the petitioner and the

1st respondent/defacto complainant have been settled amicably and

that the 1st respondent has sworn to Anx-A-7 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
Crl.M.C.No.6535/2019 3

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 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.74/2019 of Mavoor Police Station, Kozhikode

District, which has led to the institution of Anx-A-5 Final Report in

C.C.No.192/2019 on the file of the Judicial First Class Magistrate

Court, Kunnamangalam and all further proceedings arising therefrom

pending against the accused will stand quashed.
Crl.M.C.No.6535/2019 4

The petitioner will produce certified copy of this order before

the court below concerned as well as the Investigating officer

concerned. 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.

acd
Crl.M.C.No.6535/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF FIRST INFORMATION
REPORT IN CRIME NO.74/2019 OF MAVOOR
POLICE DATED 09.02.2019

ANNEXURE-A2 CERTIFIED COPY OF FIRST INFORMATION
STATEMENT IN CRIME NO.74/2019 OF
MAVOOR POLICE DATED 09.02.2019

ANNEXURE-A3 CERTIFIED COPY OF MEMORANDUM OF
WITNESS IN CRIME NO.74/2019 OF MAVOOR
POLICE STATION 23.05.2019

ANNEXURE-A4 CERTIFIED COPY OF STATEMENT OF
WITNESS UNDER SECTION 162 OF THE CODE
OF CRIMINAL PROCEDURE IN CRIME
NO.74/2019 OF MAVOOR POLICE STATION

ANNEXURE-A5 CERTIFIED COPY OF FINAL REPORT IN
CRIME NO.74/2019 OF MAVOOR POLICE
DATED 23.05.201`9

ANNEXURE-A6 TRUE COPY OF AGREEMENT EXECUTED
BETWEEN THE PETITIONER AND THE 1ST
RESPONDENT DATED 15.06.2019

ANNEXURE-A7 ORIGINAL OF THE AFFIDAVIT FILED BY
THE 1ST RESPONDENT DATED 03.09.2019

True Copy

P.S. To Judge.

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