SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Muhammedali vs State Of Kerala on 5 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

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

PETITIONER/ACCUSED:

MUHAMMEDALI
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

2 FOUSIYA
D/O. ABU, POTHANKODAN HOUSE, MADAKKIMALA POST, MUTTI
NORTH VILLAGE, VYTHIRI TALUK, WAYANAD DIST.-673 122

R2 BY ADV. M.R.JAYALATHA

OTHER PRESENT:

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:
Crl.M.C.No.8653/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.8653 of 2019
———————————————-
Dated this the 5th day of December, 2019

ORDER

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
Crl.M.C.No.8653/2019 3

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.
Crl.M.C.No.8653/2019 4

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.

sd/-

ALEXANDER THOMAS, JUDGE.

acd
Crl.M.C.No.8653/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I TRUE COPY OF THE FIR IN NO.33/2014 DATED
13/01/2014.

ANNEXURE II TRUE COPY OF THE CHARGE SHEET DATED
30/01/2014 OF THE KALPETTA POLICE
STATION.

ANNEXURE III TRUE COPY OF THE MEMORANDUM OF EVIDENCE.

ANNEXURE IV TRUE COPY OF THE AFFIDAVIT DATED
25/11/2019 AFFIRMED BY THE RESPONDENT
NO.2.

True Copy

P.S. To Judge.

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 © 2021 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…

MyNation FoundationMyNation FoundationMyNation Foundation