IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941
Crl.MC.No.8653 OF 2019(B)
AGAINST CC 209/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, KALEPETTA
CRIME NO.33/2014 OF Kalpetta Police Station , Wayanad
AGED 40 YEARS
S/O. UNEEN, VELLARAMPARA HOUSE, PAKKANAM KOTTU,
NELLAKKOTTA POST, NILGIRIS DISTRICT
BY ADV. SMT.CELINE JOSEPH
RESPONDENTS/STATE DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNKAULAM-6582 031
D/O. ABU, POTHANKODAN HOUSE, MADAKKIMALA POST, MUTTI
NORTH VILLAGE, VYTHIRI TALUK, WAYANAD DIST.-673 122
R2 BY ADV. M.R.JAYALATHA
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No.8653 of 2019
Dated this the 5th day of December, 2019
The petitioner herein is the accused in the impugned Anx-I FIR in
Crime No.33/2014 of Kalpetta Police Station, Wayanad District, which
has been registered for offences punishable under Secs.498A, 323 and
506(1) of the SectionI.P.C on the basis of a complaint filed by thee 2 nd
respondent/defacto complainant and which has led to the institution of
Anx-II Final Report/Charge Sheet in C.C.No.209/2014 on the file of the
Chief Judicial Magistrate Court, Kalpetta. It is stated that now the entire
disputes between the petitioner and the 2 nd respondent/defacto
complainant have been settled amicably and that the 2 nd respondent has
sworn to Anx-IV 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 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 affidavits 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 FIR in Crime No.33/2014 of Kalpetta Police Station,
Wayanad District, which has led to the institution of Anx-II Final
Report/Charge Sheet in C.C.No.209/2014 on the file of the Chief Judicial
Magistrate Court, Kalpetta and all further proceedings arising
therefrom pending against the accused will stand quashed.
The petitioner will produce certified copy of this order before the
court below concerned as well as the Investigating officer concerned.
The office of the Advocate General will also forward a certified copy of
this order to the Investigating Officer concerned.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
ALEXANDER THOMAS, JUDGE.
ANNEXURE I TRUE COPY OF THE FIR IN NO.33/2014 DATED
ANNEXURE II TRUE COPY OF THE CHARGE SHEET DATED
30/01/2014 OF THE KALPETTA POLICE
ANNEXURE III TRUE COPY OF THE MEMORANDUM OF EVIDENCE.
ANNEXURE IV TRUE COPY OF THE AFFIDAVIT DATED
25/11/2019 AFFIRMED BY THE RESPONDENT
P.S. To Judge.