Crl.M.C.No.8659/2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941
Crl.MC.No.8659 OF 2019(B)
CRIME NO.1486/2019 OF Kunnicode Police Station , Kollam
PETITIONERS/ACCUSED:
1 MANEESH,AGED 29 YEARS,S/O. MOHANAN, MANEESH BHAVANAM,
THIRUVAZHY, ELAMPAL, VILAKUDI VILLAGE, KUNNIKODE, KOLLAM
DISTRICT, PIN – 691 508.
2 MONISHA, AGED 31 YEARS,D/O. MOHANAN, MANEESH BHAVANAM,
THIRUVAZHY, ELAMPAL, VILAKUDI VILLAGE, KUNNIKODE, KOLLAM
DISTRICT, PIN – 691 508.
3 MOHANAN,MANEESH BHAVANAM, THIRUVAZHY, ELAMPAL, VILAKUDI
VILLAGE, KUNNIKODE, KOLLAM DISTRICT, PIN – 691 508.
4 RADHAMONY,AGED 48 YEARS,W/O. MOHANAN, MANEESH BHAVANAM,
THIRUVAZHY, ELAMPAL, VILAKUDI VILLAGE, KUNNIKODE, KOLLAM
DISTRICT, PIN – 691 508.
BY ADVS.
SRI.R.SURAJ KUMAR
SMT. SALINI N.
SMT.A.B.SHYMOL
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 ASWATHY,AGED 20 YEARS,D/O. ANILKUMAR, AYYAPPANTAZHIKATHU
VEEDU, KADUVATHODU, PATTAZHI, PATHANAPURAM TALUK, KOLLAM
DISTRICT, PIN – 691 522.
R2 BY ADV. SAJU J PANICKER
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8659/2019 2
ALEXANDER THOMAS, J.
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Crl.M.C.No. 8659 of 2019
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Dated this the 5th day of December, 2019
ORDER
The petitioners herein are accused 1 to 4 in the impugned Anx-A
FIR in Crime No.1486/2019 of Kunnikode Police Station, Kollam
District, which has been registered for offences punishable under
Secs.294(b0, 323, 498A and 34 of the SectionI.P.C., on the basis of a
complaint filed by the 2nd respondent/defacto complainant. 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 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, in
appropriate cases involving even non-compoundable offences, the
Crl.M.C.No.8659/2019 3
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 affidavits 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 FIR in Crime No.1486/2019 of Kunnikode Police
Station, Kollam District and all further proceedings arising therefrom
pending against the accused will stand quashed.
Crl.M.C.No.8659/2019 4
The petitioners will produce certified copy of this order before
the court below concerned as well as the Investigating officer
concerned. The office of the Advocate General will also forward a
certified copy of this order to the Investigating Officer concerned.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
sd/-
ALEXANDER THOMAS, JUDGE.
acd
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A THE CERTIFIED COPY OF THE FIRST
INFORMATION REPORT DATED 7.10.2019 IN
CRIME NO.1486/2019 OF KUNNIKODE POLICE
STATION, KOLLAM DISTRICT.
ANNEXURE B THE AFFIDAVIT SWORN BY THE 2ND
RESPONDENT DATED 21.11.2019.
True Copy
P.S. To Judge.