SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Muhamed Riyas vs State Of Kerala on 14 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940

Crl.MC.No. 1981 of 2019

CRIME NO. 648/2018 OF KASARAGOD POLICE STATION, KASARAGOD

PETITIONERS/ACCUSED NOS.1 TO 4:

1 MUHAMED RIYAS, AGED 30 YEARS
S/O. MUHAMMED.B.M., ANANGOOR,
KASABA, KASARAGOD

2 SALMA, AGED 52 YEARS
S/O. MUHAMMED.B.M., ANANGOOR,
KASABA, KASARAGOD

3 BASHEER, AGED 45 YEARS
ANANGOOR, KASABA, KASARAGOD

4 SALIYA, AGED 38 YEARS
W/O. BASHEER, ANANGOOR,
KASABA, KASARAGOD

BY ADVS.
SRI.ANIL K.MOHAMMED
SRI.V.S.MANSOOR

RESPONDENTS/COMPLAINANT DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031

2 NAFEESATH ROSHINA
W/O. MUHAMMED RIYAS, CHIRACKAL HOUSE, CHEMNAD,
KASARGOD (DIST)-671 571

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SRI.K.B.BINU FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1981 of 2019

2

ALEXANDER THOMAS, J.

Crl.M.C. No.1981 of 2019
———————————–
Dated this the 14th day of March, 2019

ORDER

The petitioners herein are accused Nos. 1 to 4 in the impugned Anx-A

FIR in Crime No.648/2018 of Kasaragode Police Station, Kasaragode

district, registered for offences punishable under Secs.403, 406 and 498A of

the Indian Penal Code. It is stated that now the entire disputes between the

petitioner and the 2nd 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

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, in

appropriate cases involving even non-compoundable offences, the High

Court can quash prosecution by exercise of the powers under Sec.482 of 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
Crl.MC.No. 1981 of 2019

3

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 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

impugned Anx-A FIR in Crime No.648/2018 of Kasaragode Police Station,

Kasaragode district, and all further proceedings arising therefrom pending

against the accused will stand quashed.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS

JUDGE
Vgd/15.03.2019
Crl.MC.No. 1981 of 2019

4

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE-A CERTIFIED COPY OF FIR IN CRIME
NO.648/2018 OF KASARAGOD POLICE STATION

ANNEXURE-B AFFIDAVIT DTD.10/03/2019 SWORN BY 2ND
RESPONDENT

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2019 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

Web Design BangladeshWeb Design BangladeshMymensingh