IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941
CRL.MC.NO.6924 OF 2019(E)
CC 2072/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III,THRISSUR
CRIME NO.591/2015 OF MANNUTHY POLICE STATION, THRISSUR
PETITIONERS/ACCUSED 1 TO 3:
1 MAHESH, S/O.MANI, AGED 34 YEARS,
PULIPPARAMBIL HOUSE, KOZHUKKULLI,P.O,
MANNUTHY, THRISSUR DISTRICT.
2 USHA, W/O.MANI, AGED 59 YEARS,
PULIPPARAMBIL HOUSE, KOZHUKKULLI.P.O.,
MANNUTHY, THRISSUR DISTRICT.
3 SHIMNA, W/O.SIJOY, AGED 32 YEARS,
CHIRAYINMMEL HOUSE, OORAKAM, THRISSUR DISTRICT.
BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTING THE SUB INSPECTOR OF POLICE,
MANNUTHY POLICE STATION.
2 RESHMA,
D/O.VALSAN, AGED 23 YEARS, CHELLIKKARA HOUSE,
P.O.KOZHUKKULLI, MANNUTHY,
NOW RESIDING AT ERAVIMANGALAM, P.O VEEMBIL THOROTH,
NEAR AYYAPPA TEMPLE, OLLUR, THRISSUR DISTRICT.
SRI.P.N.SUMODU, PUBLIC PROSECUTOR FOR R1.
SMT.PRABHA R.MENON, ADVOCATE FOR R2.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C. No. 6924 of 2019
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Dated this the 9th day of October, 2019
ORDER
The petitioners herein are the accused persons in the
impugned Anx.A Final Report in C.C.No.2072/2015 on the file of
the JFCM-III, Thrisur, which has been arised from Crime
No.591/2015 of Mannuthy Police Station, Thrissur district,
registered for offences punishable under Secs.406, 420, 323, 498A
34 of the SectionIPC. It is stated that now the entire disputes between
the petitioners and the 2nd respondent defacto complainant have
been settled amicably and that the 2nd respondent has sworn to
Anx.B 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,
Crl.M.C. No. 6924 / 2019
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in 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.
Crl.M.C. No. 6924 / 2019
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3. Accordingly, it is ordered in the interest of justice that
the impugned Anx.A Final Report in C.C.No.2072/2015 on the file
of the JFCM-III, Thrisur, which has been arised from Crime
No.591/2015 of Mannuthy Police Station, Thrissur district, 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 above
Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
Crl.M.C. No. 6924 / 2019
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APPENDIX
PETITIONERS’ EXHIBITS:
ANNEXURE A THE TRUE COPY OF THE RELEVANT EXTRACT
OF THE ACCUSED COPY OF FINAL REPORT
FILED IN CRIME NO.591/2015 REGISTERED
BY MANNUTHY POLICE STATION FILED
BEFORE THE JFCM COURT NO.III,
THRISSUR, DT.4.7.2015
ANNEXURE B THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/COMPLAINANT DT.30.09.2019
