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Judgments of Supreme Court of India and High Courts

Mahesh Kumar vs State Of Kerala on 8 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941

Crl.MC.No. 2193 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 112/2019 of JUDICIAL
MAGISTRATE OF FIRST CLASS -I, CHENGANNUR

CRIME NO. 548/2016 OF Mannar Police Station , Alappuzha

PETITIONERS/ACCUSED:
1 MAHESH KUMAR
AGED 35 YEARS
S/O SASIDHARAN, NILACKALTHARAYIL,
CHERUKOLEMURI, CHENNITHALA VILLAGE, MAVELIKARA
TALUK.
2 SASIDHARAN,
AGED 59 YEARS
S/O KRISHNAN, NILACKALTHARAYIL, CHERUKOLEMURI,
CHENNITHALA VILLAGE, MAVELIKARA TALUK.
3 SHYAMALA,
AGED 53 YEARS
W/O SASIDHARAN, NILACKALTHARAYIL,
CHERUKOLEMURI, CHENNITHALA VILLAGE, MAVELIKARA
TALUK.
4 SEETHALAKSHMI,
AGED 29 YEARS
D/O SASIDHARAN, NILACKALTHARAYIL,
CHERUKOLEMURI, CHENNITHALA VILLAGE, MAVELIKARA
TALUK.
BY ADVS.
SHRI.ESM.KABEER
SMT.K.M.AMINABEEVI

RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM

2 SUB INSPECTOR OF POLICE
MANNAR POLICE STATION, ALAPPUZHA DISTRICT
Crl.MC.No. 2193 of 2019

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3 SHINY.R
AGED 35 YEARS
D/O ROSAMMA, VALIYAPARAMBIL VEEDU, CHUNAKKARA
NORTH MURI, CHUNAKKARA VILLAGE, MAVILIKKARA
TALUK

BY ADV. SMT.C.SHEEBA

OTHER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1
AND R2, SMT.C.SHEEBA FOR R3

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2193 of 2019

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ALEXANDER THOMAS, J.

Crl.M.C.No. 2193 of 2019

Dated this the 8th day of April, 2019

ORDER

The petitioners herein is the accused persons in the impugned

Anx.A1 FIR in Crime No. 548/2016 of Mannar Police Station,

Alappuzha district, registered for offences punishable under Secs.

323, 498A, 406 and 34 of the Indian Penal Code. It is stated that

now the entire disputes between the petitioners and 3 rd

respondent defacto complainant have been settled amicably and

that the 3rd 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.MC.No. 2193 of 2019

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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
Crl.MC.No. 2193 of 2019

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the impugned Anx.A5 FIR/Final report in Crime No.548/2016 of

Mannar Police Station, Alappuzha district and all further

proceedings arising therefrom pending against the accused persons

will stand quashed.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

SD/-

ALEXANDER THOMAS

JUDGE
SJ
Crl.MC.No. 2193 of 2019

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APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO
548/2016 OF MANNAR POLICE STATION

ANNEXURE A2 TRUE COPY OF THE RECEIPT ISSUED BY THE
3RD RESPONDENT DATED 4.11.2016

ANNEXURE A3 TRUE COPY OF THE JUDGMENT IN OP(HMA)
420/2016 DATED 14.11.2016 OF THE
FAMILY COURT, MAVELIKKARA

ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT EXECUTED BY
THE 3RD RESPONDENT

ANNEXURE A5 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.548/2016

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