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Manoj M vs Sreetha G on 21 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 21ST DAY OF NOVEMBER 2019 / 30TH KARTHIKA, 1941

Crl.MC.No.8210 OF 2019(E)

CC 2579/2019 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
(EO),ERNAKULAM

CRIME NO.196/2019 OF Ernakulam South Police Station, Ernakulam

PETITIONERS/ACCUSED NOS. 1 TO 3:

1 MANOJ M.,
AGED 36 YEARS
S/O.MANOHARAN M., MBC 47, MUSEUM, NANTHANCODE ROAD,
KOWDIAR.P.O., THIRUVANANTHAPURAM, PIN-695003

2 MANOHARAN M
AGED 79 YEARS
S/O.THE LATE MANMADHAN, MBC 47, MUSEUM, NANTHANCODE
ROAD, KOWDIAR.P.O., THIRUVANANTHAPURAM, PIN-695003

3 MOLLY MANOHARAN
AGED 64 YEARS
W/O.MANOHARAN, MBC 47, MUSEIUM NANTHANCODE ROAD,
KOWDIAR.P.O., THIRUVANANTHAPURAM, PIN-695003

BY ADV. SRI.S.A.ANAND

RESPONDENTS/DEFACTO COMPLAINANT STATE:
1 SREETHA G.,
AGED 37 YEARS
W/O MANOJ M., MANTHRA HOME FLAT NO.3B,
CHILAVANNOR ROAD, KADAVANTHRA.P.O.,
ERNAKULAM, PIN-682020

2 STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE, ERNAKULAM
TOWN SOUTH POLICE STATION, ERNAKULAM DISTRICT REP.
BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031

BY ADV. SRI.R.MURALEEKRISHNAN-R1
SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 8210 of 2019

2

ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 8210 of 2019
————————————
Dated this the 21st day of November, 2019

ORDER

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

Final Report in Crime No.196/2019 of Ernakulam Town south Police

Station, Ernakulam district, registered for offences punishable under

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

Anx.A Final report in C.C No.2579/2019 on the file of Additonal Chief

Judicial Magistrate Court (Economic offence), Ernakulam. It is

stated that now the entire disputes between the petitioners and 1 st

respondent defacto complainant have been settled amicably and that

the 1st 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.

Crl.M.C. No. 8210 of 2019

3

2. In a catena of decisions, the Apex Court has held that, 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.

3. Accordingly, it is ordered in the interest of justice that the
Crl.M.C. No. 8210 of 2019

4

impugned Anx.A Final Report in Crime No.196/2019 of Ernakulam

Town south Police Station, Ernakulam district, which has led to the

institution of Anx.A Final report in C.C No.2579/2019 on the file of

Additonal Chief Judicial Magistrate Court (Economic offence),

Ernakulam, 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. 8210 of 2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL CHARGE IN
CC NO.2579/2019 PENDING BEFORE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT(ECONOMIC OFFENCE), ERNAKULAM,
ARISING FROM CRIMENO.196/2019 OF
ERNAKULAM TOWN SOUTH POLICE STATION,
ERNAKULAM DISTRICT

ANNEXURE B AFFIDAVIT OF THE DE FACTO COMPLAINANT

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