IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940
Crl.MC.No. 1820 of 2019
AGAINST THE ORDER IN CC 708/2012 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I, KOLLAM
CRIME NO. 303/2011 OF KUNDARA POLICE STATION , KOLLAM
PETITIONERS/ACCUSED 1 AND 3:
1 MR.RIYAS,
AGED 42 YEARS
S/O PEERU MUHAMMED, KAIYALAKKAL HOUSE, TC-46/433(1)
HOUSE NO 205, MUTHERU VILLAGE, PUTHAN PALLI WARD,
POONTHURA, THIRUVANANTHAPURAM
2 SMT. NABEESA,
AGED 64 YEARS
W/O PEERU MUHAMMAD, KAIYALAKKAL HOUSE, TC-46/433(1)
HOUSE NO 205, MUTHERU VILLAGE, PUTHAN PALLI WARD,
POONTHURA, THIRUVANANTHAPURAM
BY ADV. SRI.S.SREEKUMAR (KOLLAM)
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM -682031.
2 THE SUB INSPECTOR OF POLICE,
KUNDARAA POLICE STATION, KOLLAM DISTRICT 691 501.
3 SMT.HASEENA,
AGED 34 YEARS
D/O IBRAHIMKUTTY, RESIDING AT HASEENA MANZIL,
EDAVATTAM CHERRY, PERINADU VILLAGE, KOLLAM 691 601.
BY ADV. SHRI.FEBIN RAJ TS FOR R-3
BY SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R-1 R-2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1820 of 2019
2
ALEXANDER THOMAS, J.
Crl.M.C.No.1820 of 2019
Dated this the 08th day of March, 2019
ORDER
The petitioners herein are the accused in the impugned Anx.A1 FIR
in Crime No.303/2011 of Kundara Police Station, Kollam district,
registered for offences punishable under Secs.451, 341, 323, 506(1),
498A read with Sec.34 of the Indian Penal Code. It is stated that now the
entire disputes between the petitioner and the 3rd respondent defacto
complainant have been settled amicably and that the 3 rd respondent has
sworn to Anx.-A3 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. The father of A-1 and A-2 (petitioners) is now no
more. 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 High
Court can quash prosecution by exercise of the powers under Sec.482 of
Crl.M.C.No.1820 of 2019
3
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 the 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 the Anx.A1
FIR in Crime No.303/2011 of Kundara Police Station, Kollam district
and all further proceedings arising therefrom pending against the
accused will stand quashed.
Crl.M.C.No.1820 of 2019
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With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd/11.03.19
Crl.M.C.No.1820 of 2019
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE FIR IN CRIME NO 303 OF
2011 OF KUNDRA POLICE STATION
ANNEXURE A2 A TRUE COPY OF THE CHARGE ON THE FILE OF
THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1
KOLLAM IN CC NO 708 OF 2012
ANNEXURE A3 A AFFIDAVIT DATED 21ST FEBRUARY 2019 HAS
BEEN SWORN BY THE 3RD RESPONDENT BEFORE
THIS HON’BLE COURT