IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
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)
1 THE STATE OF KERALA
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM,ON BEHALF OF THE STATION HOUSE OFFICER,
WADAKKANCHERY POLICE STATION,
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)
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:
ALEXANDER THOMAS, J.
Crl.M.C.No.2526 of 2019
Dated this the 2nd day of April, 2019
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
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
Wadakkanchery Police Station and all further proceedings
arising therefrom pending against the accused will stand
With these observations and directions, the above
Criminal Miscellaneous Case stands finally disposed of.
ALEXANDER THOMAS, JUDGE.
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.
P.S. TO JUDGE.