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Judgments of Supreme Court of India and High Courts

Moidu Vellappaly vs The Station House Officer on 6 June, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941

CRL.MC.NO. 3889 OF 2019

AGAINST THE ORDER/JUDGMENT IN CC 267/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,VADAKARA

CRIME NO. 89/2003 OF EDACHERRY POLICE STATION , KOZHIKODE

PETITIONER/ACCUSED:

MOIDU VELLAPPALY, AGED 56 YEARS,
S/O. KUNHABDULLA HAJI, ERAMALA AMSOM,
ORKATTERI DESOM, VADAKARA

BY ADVS.
SRI.T.G.RAJENDRAN, SRI.T.R.TARIN

RESPONDENTS/STATE AND COMPLAINANT:

1 THE STATION HOUSE OFFICER
EDACHERY POLICE STATION, KOZHIKODE-673 502

2 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERANKULAM-682 031

3 RAMLA
D/O.IBRAHIM , ORATT HOUSE, ORKKATTERI P.O.,
VATAKARA TALUK, KOZHIKODE-673 502

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1
AND R2,
SRI.CIBI THOMAS, ADVOCATE FOR R3

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 3889 of 2019
————————————
Dated this the 6th day of June, 2019

ORDER

The petitioner herein is the accused in the impugned Anx.I

FIR in Crime No.89/2003 of Edacheri Police Station, Kozhikode

district, registered for offences punishable under Secs.406 and

498A of the SectionIPC, which has led to the institution of Anx.I(A) Final

Report in C.C.No.267/2019 on the file of JFCM, Vadakara. It is

stated that now the entire disputes between the petitioner and the

3rd respondent defacto complainant have been settled amicably

and that the 3rd respondent has sworn to Anx.II affidavit before

this Court, wherein it is stated that she has settled the entire

disputes with the petitioner and that she has no objection for

quashment of the impugned criminal proceedings pending against

the petitioner. It is in the light of these aspects that the petitioner

has preferred the instant Crl.M.C. with the prayer to quash the

impugned criminal proceedings against him.

2. In a catena of decisions, the Apex Court has held that,
Crl.M.C. No. 3889 / 2019

..3..

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. 3889 / 2019

..4..

3. Accordingly, it is ordered in the interest of justice that

the impugned Anx.I FIR in Crime No.89/2003 of Edacheri Police

Station, Kozhikode district, which has led to the institution of

Anx.I(A) Final Report in C.C.No.267/2019 on the file of JFCM,

Vadakara, and all further proceedings arising therefrom pending

against the accused will stand quashed. The petitioner 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

MMG
Crl.M.C. No. 3889 / 2019

..5..

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE-I TRUE COPY OF THE FIRST INFORMATION
REPORT

ANNEXURE-I(A) FINAL REPORT INC R.89/2003 OF EDACHERI
POLICE STATION

ANNEXURE-II TRUE COPY OF THE AFFIDAVIT SWORN IN BY
THE 3RD RESPONDENT

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