IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY ,THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941
Crl.MC.No. 2323 of 2019
TO QUASH THE CHARGE SHEET AND ALL FURTHER PROCEEDINGS IN CC NO
246/2019 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, ALAPPUZHA
CRIME NO. 1235/2016 OF MARARIKULAM POLICE STATION , ALAPPUZHA
PETITIONER:
JITHIN NATH
AGED 34 YEARS
S/O.SREENATH, SREENILAYAM HOUSE,
MUHAMMA.P.O, ALAPPUZHA VILLAGE.
BY ADV. SRI.BIBIN KUMAR
RESPONDENTS:
1 STATE OF KERALA
RREPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682031.
2 RESHMA.K.S
AGED 36 YEARS
D/O SUNDARAM, KAIMAPARAMBIL HOUSE,
THUMPOLY.P.O, ALAPPUZHA DISTRICT-688001.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
KUM.T.S.SAUMYA FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2323 of 2019
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ALEXANDER THOMAS, J.
Crl.M.C.No.2323 of 2019
Dated this the 26th day of March, 2019
ORDER
The petitioner herein is the sole accused in the impugned Annx.A-I
Charge Sheet in Crime No.1235/2016 of Mararikulam Police Station,
Alappuzha registered for offences punishable under Sec.498A of the IPC,
which has led to the institution of C.C.No.246/2019 on the file of the
Judicial First Class Magistrate Court-I, Alappuzha. It is stated that now
the entire disputes between the petitioner and the de facto complainant
(2nd respondent) have been settled amicably and that the 2 nd respondent
has sworn to Annx.A-II 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
petitioners have 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
appropriate cases involving even non-compoundable offences, the High
Crl.M.C.No.2323 of 2019
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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 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. 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 Annx.A-I Charge Sheet in Crime No.1235/2016 of
Mararikulam Police Station, which has led to the institution of
C.C.No.246/2019 on the file of the Judicial First Class Magistrate Court-
I, Alappuzha and all further proceedings arising therefrom pending
Crl.M.C.No.2323 of 2019
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against the accused will stand quashed.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd
Crl.M.C.No.2323 of 2019
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A-I CERTIFIED COPY OF THE CHARGE IN CC
NO.246/2019 ON THE FILES OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-I,ALAPPUZHA.
ANNEXURE A-II AFFIDAVIT FILED BY THE 2ND RESPONDENT.
