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Kuthubudheen vs State Of Kerala on 29 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941

Crl.MC.No. 3377 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 825/2014 of JUDICIAL MAGISTRATE
OF FIRST CLASS -II,PERINTHALMANNA

CRIME NO. 248/2014 OF Wandoor Police Station , Malappuram

PETITIONER/S:

1 KUTHUBUDHEEN, AGED 35 YEARS
S/O ABDUTTY, ATTUPURATH HOUSE, THALIYAMKUND, PORUR
POST, PIN-679 339 NILAMBUR TALUK, MALAPPURAM
DISTRICT, KERALA. (WANDOOR POLICE STATION)

2 SAINABA, AGED 66 YEARS
W/O. ABDUTTY, ATTUPURATH HOUSE, THALIYAMKUND, PORUR
POST, PIN-679 339 NILAMBUR TALUK, MALAPPURAM
DISTRICT, KERALA. (WANDOOR POLICE STATION)

3 SIRJAS
AGED 33 YEARS
S/O. ABDUTTY, ATTUPURATH HOUSE, THALIYAMKUND, PORUR
POST, PIN-679 339 NILAMBUR TALUK, MALAPPURAM
DISTRICT, KERALA. (WANDOOR POLICE STATION)

4 FATHIMA
AGED 39 YEARS
D/O. ABDUTTY, ATTUPURATH HOUSE, THALIYAMKUND, PORUR
POST, PIN-679 339 NILAMBUR TALUK, MALAPPURAM
DISTRICT, KERALA. (WANDOOR POLICE STATION)

5 JAMEELA
AGED 47 YEARS
D/O. ABDUTTY, ATTUPURATH HOUSE, THALIYAMKUND, PORUR
POST, PIN-679 339 NILAMBUR TALUK, MALAPPURAM
DISTRICT, KERALA. (WANDOOR POLICE STATION)

BY ADV. SRI.P.SAMSUDIN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, E/RNAKULAM-682 031.
(CRIME NO.248/2014 OF WANDOOR POLICE STATION IN
MALAPPURAM DISTRICT).

2 NADIYA,
AGED 28 YEARS
D/O. ABDUL LATHEEF, MUNDAMBRA HOUSE, VALLAPPUZHA,
NOW RESIDING AT PULLIYIL, NALLANTHANNI POST, PIN-
679330, NILAMBUR TALUK, MALAPPURAM, KERALA
(POOKKOTTUMPADAM POLICE STATION LIMIT).

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SRI.BINU V V VEETTIL VALAPPIL FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 3377 of 2019

Dated this the 29th day of May, 2019
ORDER

The petitioners herein are the accused in the impugned Anx. A-2

final report/charge sheet filed in Anx. A-1 FIR in Crime No.248/ 2014

of Wandoor Police Station, registered for offences punishable under

Secs.498A and 406 read with Sec. 34 of the SectionI.P.C., which has led to

the institution of C.C.No. 825/2014 on the file of the Judicial First

Class Magistrate’s Court-II, Perinthalmanna. It is stated that now the

entire disputes between the petitioners and the 2 nd respondent

defacto complainant have been settled amicably and that the 2 nd

respondent has sworn to Anx. A-3 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, in
Crl.M.C.3377/19 – : 4 :-

appropriate cases involving even non-compoundable offences, the

High Court can quash prosecution by exercise of the powers under

Sec.482 of the SectionCr.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 SectionGian Singh v. State of

Punjab reported in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and

SectionNarinder 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. A-2 final report/charge sheet filed in Anx. A-2 FIR in
Crl.M.C.3377/19 – : 5 :-

Crime No.248/2014 of Wandoor Police Station, which has led to the

institution of C.C.No. 825/2014 on the file of the Judicial First Class

Magistrate’s Court-II, Perinthalmanna and all further proceedings

arising therefrom pending against the accused persons will stand

quashed.

The petitioners will produce certified copies of this order before

the investigating officer concerned and the competent court below

concerned. The office of the Advocate General will forward copy of

this order to the investigating officer concerned for information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.3377/19 – : 6 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO.248/2014 OF WANDOOR POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.248/2014 OF WANDOOR POLICE STATION.

ANNEXURE A3 THE AFFIDAVIT SWORN IN BY THE 2ND
RESPONDENT (DE-FACTO COMPLAINANT) DATED
28.2.2019.

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