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Karthikeyan Thangavel vs The State Of Kerala on 2 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

Crl.MC.No. 2526 of 2019

AGAINST THE ORDER IN CRL.MC 72/2019 of SESSIONS COURT,THRISSUR

CRIME NO. 909/2017 OF Wadakkanchery Police Station , Thrissur

PETITIONER/S:

KARTHIKEYAN THANGAVEL
AGED 51 YEARS
S/O. THANGAVEL, RESIDING AT 6/5, K.S. BUNGLOW LINE,
KOMARAPALAYAM, NAMAKAL, TAMIL NADU-638183.

BY ADV. SRI.G.SREEKUMAR (CHELUR)

RESPONDENT/S:
1 THE STATE OF KERALA
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM,ON BEHALF OF THE STATION HOUSE OFFICER,
WADAKKANCHERY POLICE STATION,
THRISSUR-682031.

2 SARASWATHY M. C
AGED 45, D/O. CHATHA, RESIDING AT MANAKALAPADY,
CHITTANDA P.O, CHITTANDA DESOM, PILAKAD VILLAE,
TALAPPILLY TALUK, THRISSUR-680585.

BY ADV. SRI.MARTIN PAUL (THRISSUR)

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1,
SRI.MARTIN PAUL(THRISSUR) FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2526/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.2526 of 2019
———————————————-
Dated this the 2nd day of April, 2019

ORDER

The petitioner is the sole accused in the impugned Anx-A1

FIR in Crime No.909/2017 of Wadakkanchery Police Station,

which has been registered for offence punishable under Sec.

498A of the Indian Penal Code. It is stated that now the entire

disputes between the petitioner and the 2nd respondent defacto

complainant have been settled amicably and that the 2 nd

respondent has sworn to Anx.IV 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 appropriate cases involving even non-compoundable
Crl.M.C.No.2526/2019 3

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.

3. Accordingly, it is ordered in the interest of justice

that the impugned Anx-1 FIR in Crime No.909/2017 of
Crl.M.C.No.2526/2019 4

Wadakkanchery Police Station and all further proceedings

arising therefrom pending against the accused will stand

quashed.

With these observations and directions, the above

Criminal Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE.

acd
Crl.M.C.No.2526/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FIR IN CRIME
NO.909 OF 2017 DATED 2.11.2017 OF
THE WADAKKANCHERY POLICE STATION.

ANNEXURE II A TRUE COPY OF THE OP(DIVORCE)
NO.447 OF 2019 DATED 7.3.2019 ON THE
FILE OF THE FAMILY COURT, THRISSUR.

ANNEXURE III A TRUE COPY OF THE ORDER PASSED IN
CRL.M.C. NO.72 OF 19 DATED 20.2.2019
AND THE MEDICATION AGREEMENT SIGNED
BY THE PARTIES DATED 12.2.2019.

ANNEXURE IV A TRUE COPY OF THE AFFIDAVIT FILED
BY THE SECOND RESPONDENT.

TRUE COPY

P.S. TO JUDGE.

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