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Muhammed Shafi vs Safeeda on 25 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941

Crl.MC.No.7360 OF 2019(H)

AGAINST THE ORDER/JUDGMENT IN CC 468/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,VADAKARA

CRIME NO.249/2016 OF CHOMBALA POLICE STATION , Kozhikode

PETITIONER/S:

1 MUHAMMED SHAFI, AGED 35 YEARS, S/O. MAHAMOOD,
PULIYERINTAVIDA HOUSE, P O MADAPALLI COLLEGE,
CHAMBALA POLICE STATION, KOZHIKODE DISTRICT-673 102.

2 NASEEMA, AGED 51 YEARS, W/O. MAHAMOOD,
PULIYERINTAVIDA HOUSE, P O MADAPALLI COLLEGE, CHAMBALA
POLICE STATION, KOZHIKODE DISTRICT-673 102.

3 SHAMINA, AGED 27 YEARS, D/O. MAHAMOOD,
PULIYERINTAVIDA HOUSE, P O MADAPALLI COLLEGE,
CHAMBALA POLICE STATION, KOZHIKODE DISTRICT-673 102.

BY ADV. SRI.ZUBAIR PULIKKOOL

RESPONDENT/S:

1 SAFEEDA, AGED 27 YEARS, D/O. DILEEPH,
PUTHIYAPURAYIL, BEACH POST, VATAKARA AMSOM,
VATAKARA AMSOM, VATAKARA POLICE STATION, KOZHIKODE
DISTRICT-673103.

2 STATE OF KERALA, REPRSENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.

R1 BY ADV. SHAMEM M.S.

OTHER PRESENT:

SRI.P.N.SUMODU, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 7360 of 2019

Dated this the 25th day of October, 2019
ORDER

The petitioners herein are the accused in the impugned Anx.I

final report/charge sheet filed in FIR in Crime No.249/2016 of

Chombala Police Station, registered for offences punishable under

Secs.498A, 406, 323 read with Sec. 34 of the SectionI.P.C., which has led to

the institution of Calendar Case, C.C.No.468/2019 on the file of the

Judicial First Class Magistrate’s Court, Vadakara, on the basis of the

complaint of the 1st respondent defacto complainant. It is stated that

now the entire disputes between the petitioners and the 1 st

respondent defacto complainant have been settled amicably and that

the 1st respondent has sworn to Anx.III 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
Crl.M.C.7360/19 – : 3 :-

appropriate cases involving even non-compoundable offences, the

High Court can quash prosecution by exercise of the powers under

Sec.482 of the SectionCr.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 SectionGian Singh v. State of

Punjab reported in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and

SectionNarinder 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.I final report/charge sheet filed in FIR in Crime
Crl.M.C.7360/19 – : 4 :-

No.249/2016 of Chombala Police Station, which has led to the

institution of Calendar Case, C.C.No.468/2019 on the file of the

Judicial First Class Magistrate’s Court, Vadakara and all further

proceedings arising therefrom pending against the accused persons

will stand quashed.

The petitioners will produce certified copies of this order before

the investigating officer concerned and the competent court below

concerned. The office of the Advocate General will forward copy of

this order to the investigating officer concerned for information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.7360/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I THE CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.0249/2016 OF CHOMBALA POLICE STATION.

ANNEXURE II THE TRUE COPY OF THE AGREEMENT PERTAINING TO

SETTLEMENT BEFORE VATAKARA MEDIATION CENTRE
DATED ON 22.8.2019.

ANNEXURE III THE SWORN AFFIDAVIT OF IST RESPONDENT DATED
17.10.2019.

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