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Jithin Nath vs State Of Kerala on 26 March, 2019

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
2

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
3

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
4

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
5

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.

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