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Mr.Riyas vs The State Of Kerala on 8 March, 2019

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
4

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
5

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

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