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
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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
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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