IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940
CRL.MC.NO. 1050 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 1139/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,PARAPPANANGADI
CRIME NO. 279/2017 OF PARAPPANGADI POLICE STATION , MALAPPURAM
PETITIONERS:
1 JITHESH, AGED 31 YEARS,
S/O. RAJAN, KAKKATTUTHARAYIL HOUSE, PADINJATTINPAI,
CHELAMBRA P.O, MALAPPURAM DISTRICT – 673 643.
2 GEETHA, AGED 56 YEARS,
W/O. RAJAN, KAKKATTUTHARAYIL HOUSE, PADINJATTINPAI,
CHELAMBRA P.O, MALAPPURAM DISTRICT – 673 643.
3 RAJAN,AGED 62 YEARS,
S/O. SANKARAN, KAKKATTUTHARAYIL HOUSE,
PADINJATTINPAI, CHELAMBRA P.O,
MALAPPURAM DISTRICT – 673 643.
4 RAJESH, AGED 34 YEARS,
S/O. RAJAN, KAKKATTUTHARAYIL HOUSE, PADINJATTINPAI,
CHELAMBRA P.O, MALAPPURAM DISTRICT – 673 643.
BY ADVS.SRI.T.D.SUSMITH KUMAR, SHRI.NANDAKUMAR K.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUB INSPECTOR POF POLICE,
THENHIPALAM POLICE STATION,
THENHIPALAM P.O, MALAPPURAM DISTRICT – 673 636.
3 AATHIRA KRISHNAN, AGED 25 YEARS,D/O. KRISNAN KUTTY,
NADUTHODI HOUSE, KOLAKKATTUCHALI P.O,
MALAPPURAM DISTRICT – 673 634.
SRI.AMJAD ALI , PUBLIC PROSECUTOR FOR R1,
SRI.P.JERIL BABU FOR R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C. No. 1050 of 2019
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Dated this the 19th day of March, 2019
ORDER
The petitioners herein are the accused in the impugned
Anx.A1 FIR in Crime No.279/17 of Tenhipalam Police Station,
Malappuram district, registered for offences punishable under
Secs.498A 406 r/w 34 of the IPC, which has led to the
institution of Anx.A2 final report in C.C.No.1139/2017 on the file
of the JFCM, Parappanangadi. It is stated that now the entire
disputes between the petitioners and the 3 rd respondent defacto
complainant have been settled amicably and that the 3 rd
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,
Crl.M.C. No. 1050 / 2019
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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 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.
Crl.M.C. No. 1050 / 2019
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3. Accordingly, it is ordered in the interest of justice that
the impugned Anx.A1 FIR in Crime No.279/17 of Tenhipalam
Police Station, Malappuram district, and Anx.A2 final report in
C.C.No.1139/2017 on the file of the JFCM, Parappanangadi, and all
further proceedings arising therefrom pending against the accused
persons will stand quashed.
With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
Crl.M.C. No. 1050 / 2019
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APPENDIX
PETITIONERS’ EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIR NO.279/17 OF
PARAPPANANGADI POLICE STATION.
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN
CRIME NO.279/2017.
ANNEXURE A3 AFFIDAVIT SWORN BY THE 3RD
RESPONDENT/DEFACTO COMPLAINANT IN THE
ABOVE CASE.
