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Lal vs State Of Kerala on 30 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941

Crl.MC.No.6733 OF 2019(B)

AGAINST THE ORDER/JUDGMENT IN CC 276/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,ATTINGAL

CRIME NO.1682/2018 OF Mangalapuram Police Station ,
Thiruvananthapuram

PETITIONERS/ACCUSED 1 TO 3:

1 LAL
AGED 35 YEARS
S/O. GANGADHARAN,
MADHAVA VILASOM VEEDU,
EDAVILAKOM, MURUKKUMPUZHA,
VEILOOR VILLAGE,
THIRUVANANTHAPURAM – 695 302

2 GANGADHARAN
AGED 66 YEARS
S/O. MADHAVAN,
MADHAVA VILASOM VEEDU, EDAVILAKOM,
MURUKKUMPUZHA, VEILOOR VILLAGE,
THIRUVANANTHAPURAM – 695 302

3 SOMALATHA
AGED 59 YEARS
W/O. GANGADHARAN,
MADHAVA VILASOM VEEDU,
EDAVILAKOM, MURUKKUMPUZHA,
VEILOOR VILLAGE,
THIRUVANANTHAPURAM – 695 302

BY ADV. SRI.M.DINESH
Crl.M.C. No. 6733 of 2019
2

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031

2 THARA
AGED 32 YEARS
D/O. RAJENDRAN, KANAVILA VEEDU, VADASSERIKONAM,
OTTOOR VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM – 695 144

BY ADVS.
SRI.C.S.SUMESH FOR R2
SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30.09.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No. 6733 of 2019
3

ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 6733 of 2019
————————————
Dated this the 30th day of September, 2019

ORDER

The petitioners herein are the accused in the impugned Anx.A1

FIR in Crime No.1682/2018 of Mangalapuram Police Station,

Thiruvananthapuram district, registered for offences punishable

under Secs.498A and 34 of SectionIPC, which has led to the institution of

Anx.A2 Final report in C.C No.276/2019 on the files of JFCM-II,

Attingal. It is stated that now the entire disputes between the

petitioners and 2nd respondent defacto complainant have been settled

amicably and that the 2nd respondent has sworn to Anx.A4 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. No. 6733 of 2019
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.A1 FIR in Crime No.1682/2018 of Mangalapuram
Crl.M.C. No. 6733 of 2019
5

Police Station, Thiruvananthapuram district, which has led to the

institution of Anx.A2 Final report in C.C No.276/2019 on the files of

JFCM-II, Attingal, and all further proceedings arising therefrom

pending against the accused persons will stand quashed.

4. The petitioners will produce certified copies of this order

before 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 Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

KAS
Crl.M.C. No. 6733 of 2019
6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE -A1 CERTIFIED COPY OF THE F.I.R. IN CRIME
NO. 1682/2018 OF MANGALAPURAM POLICE
STATION, THIRUVANANTHAPURAM DISTRICT

ANNEXURE -A2 CERTIFIED COPY OF THE FINAL REPORT IN
C.C.NO. 276/2019 ON THE FILE OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-

II, ATTINGAL WHICH AROSE FROM CRIME NO.

1682/2018 OF MANGALAPURAM POLICE
STATION, THIRUVANANTHAPURAM DISTRICT

ANNEXURE -A3 TRUE COPY OF THE MEMORANDUM OF
AGREEMENT FILED IN O.P. NO. 1038/2018
ON THE FILE OF FAMILY COURT, ATTINGAL

ANNEXURE -A4 NOTARY ATTESTED AFFIDAVIT OF 2ND
RESPONDENT DATED 20.08.2019

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