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Muhammed Junejo @ Junejo vs State Of Kerala on 11 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941

Crl.MC.No.7835 OF 2019(H)

CRIME NO.247/2019 OF MALAPPURAM POLICE STATION, MALAPPURAM

PETITIONERS/ACCUSED:

1 MUHAMMED JUNEJO @ JUNEJO
AGED 26 YEARS, S/O.SAID,
MATTAKATHU HOUSE, PALLIPADI, ANAMANGAD,
PERINTHALMANNA, MALAPPURAM DISTRICT.

2 AATHIKKA
AGED 55 YEARS, W/O.SAID,
MATTAKATHU HOUSE, PALLIPADI, ANAMANGAD,
PERINTHALMANNA, MALAPPURAM DISTRICT.

3 SIDHAAN
AGED 23 YEARS, S/O.SAID,
MATTAKATHU HOUSE, PALLIPADI, ANAMANGAD,
PERINTHALMANNA, MALAPPURAM DISTRICT.

BY ADV. SRI.SOJAN MICHEAL

RESPONDENTS/STATE DE FACTO COMPLAINANT:

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

2 JASNA,
AGED 23 YEARS, D/O.ABDUL AZIZ,
PADINJARETHIL HOUSE, PERINTHATTIRI,
MALAPPURAM DISTRICT, PIN-676507.

R2 BY ADV. ANTONY ROBERT DIAS
Crl.M.C. 7835/19 -:2:-

SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. 7835/19 -:3:-

ALEXANDER THOMAS, J.

Crl.M.C.No.7835 of 2019
———————————–
Dated this the 11th day of November, 2019

ORDER

The petitioners herein have been arrayed as the accused in

Annexure-I FIR in Crime No.247/2019 of Malappuram Police

Station, Malappuram, registered for offences punishable under

Secs.406 498A r/w Sec.34 of the Indian Penal Code. It is stated

that now the entire disputes between the petitioners herein and the

2nd respondent/de facto complainant have been settled amicably and

that the 2nd respondent has sworn to Annexure-II 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.

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
Crl.M.C. 7835/19 -:4:-

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 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 Annexure-I FIR in Crime No.247/2019 of Malappuram

Police Station, Malappuram and all further proceedings arising

therefrom pending against the accused will stand quashed.
Crl.M.C. 7835/19 -:5:-

4. The petitioners will produce certified copies of this order

to the Investigating Officer concerned and the competent court below

concerned. Office of Advocate General will forward a copy of this

order to the Investigating Officer concerned, for necessary

information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd
Crl.MC.No.7835 OF 2019(H)

6

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FIR IN CRIME
NO.247/2019 OF MALAPPURAM POLICE STATION,
DATED 3.9.2019.

ANNEXURE II AFFIDAVIT DATED 6.11.19 SWORN BY THE 2ND
RESPONDENT.

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