IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941
CRL.MC.NO. 3880 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 95/2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,CHAVAKKAD
CRIME NO. 2034/2014 OF VADANAPPALLY POLICE STATION , THRISSUR
PETITIONERS:
1 JITHEESH A.V., AGED 43 YEARS
S/O.VELAYUDHAN, AARUKETTI VEEDU, THAPPANKADAVU,
THALIKKULAM P.O.,THRISSUR-680 569.
2 VELAYUDHA,
S/O.MAMU, AARUKETTI VEEDU, THAPPANKADAVU,
THALIKKULAM P.O.,THRISSUR-680 569
3 DHANASREE SIBIN,
W/O. SIBIN, KOZHISSERY HOUSE,
KAZHIMPRAM, THRISSUR-680 568
4 SININ DHAMAN LAL,
W/O.DHAMAN LAL, HARRISON VILLA,
EDRIKODE, MALAPPURAM DISTICT-676 501
BY ADV. SRI.PREMCHAND M.
RESPONDENTS/STATE COMPLAINANT:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 LIJITHA, AGED 34 YEARS,
D/O. ASOKAN A.K., ALIL VEEDU, MANATHALA,
CHAVAKKAD P.O., CHAVAKKAD VILLAGE, CHAVAKKAD TALUK,
THRISSUR DISTRICT-680 506.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SMT.HARSHA C.GOPI, ADVOCATE FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C. No. 3880 of 2019
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Dated this the 6th day of June, 2019
ORDER
The petitioners herein are the accused in the impugned
Anx.A FIR in Crime No.2034/2014 of Vadanappally Police
Station, Thrissur district, registered for offences punishable under
Secs.417, 406, 498A r/w 34 of the SectionIPC, which has led to the
institution of Anx.B Final Report in C.C.No.95/2015 on the file of
JFCM, Chavakkad. It is stated that now the entire disputes
between the petitioners and the 2nd respondent defacto
complainant have been settled amicably and that the 2nd
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 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.
Crl.M.C. No. 3880 / 2019
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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
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 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
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this case to consider the prayer for quashment.
3. Accordingly, it is ordered in the interest of justice that
the impugned Anx.A FIR in Crime No.2034/2014 of Vadanappally
Police Station, Thrissur district, which has led to the institution of
Anx.B Final Report in C.C.No.95/2015 on the file of JFCM,
Chavakkad, and all further proceedings arising therefrom pending
against the accused persons will stand quashed. The petitioners
will produce certified copies of this order before Investigating
Officer concerned and the competent court below concerned. The
office of the Advocate General will forward copy of this order to the
Investigating Officer concerned for information.
With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
Crl.M.C. No. 3880 / 2019
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APPENDIX
PETITIONERS’ EXHIBITS:
ANNEXURE-A TRUE COPY OF THE FIR NO.2034/2014 OF
VADANAPPALLY POLICE STATION
ANNEXURE-B TRUE COPY OF THE FINAL REPORT
SUBMITTED BY VADANAPPALLY, POLICE
BEFORE THE JFCM COURT, CHAVAKKAD
ANNEXURE-C AFFIDAVIT SWORN IN BY THE 2ND
RESPONDENT