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Judgments of Supreme Court of India and High Courts

Munas vs State Of Kerala on 20 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA,
1941

Crl.MC.No.8160 OF 2019(H)

CC 27/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI

CRIME NO.361/2016 OF Perumpadappu Police Station , Malappuram

PETITIONERS/ACCUSED NOS.1-4:

1 MUNAS
AGED 45 YEARS
S/O. MOIDUNNI, VADAKKUMVALAPPIL HOUSE,
MARANCHERI P. O., PERUMPADAPPU/ANDATHO,
MALAPPURAM DISTRICT.

2 SABIRA
AGED 33 YEARS
W/O. MAJEED, XIV/186, THEYACHAMPARAMBIL HOUSE,
BEYAM P. O., KOZHAMRAM, PONNANI,
MALAPPURAM DISTRICT.

3 SAJITHA
AGED 38 YEARS
W/O. ASHRAF, X/192, KAITHAVALAPPIL HOUSE,
CHATHOTHONPADI (WEST), MARANCHERI P. O.,
MALAPPURAM DISTRICT.

4 BEEPATHU
AGED 68 YEARS
W/O. MOIDUNNI, PARAMBATHERI HOUSE,
CHATHOTHONPADI (WEST), MARANCHERI P. O.,
MALAPPURAM DISTRICT.

BY ADV. SRI.GEORGE MATHEW

RESPONDENTS/COMPLAIANANT STATE:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
Crl.M.C. No. 8160 of 2019

2

2 THE SUB INSPECTOR OF POLICE
PERUMPADAPPU/ANDATHO POLICE STATION,
PERUMBADAPPU, MALAPPURAM – 679 580.

3 SABITHA
AGED 35 YEARS
D/O. KUNHUMUHAMMED, PARAMBATHERI HOUSE,
THAZHATHELPADI, ERAMANGALAM P.O.,
PERUMPADAPPU/ANDATHO,
MALAPPURAM DISTRICT – 679 587.

BY ADVS.
SRI.MATHEW K.T-R3
SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 20.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No. 8160 of 2019

3

ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 8160 of 2019
————————————
Dated this the 20th day of November, 2019

ORDER

The petitioners herein are the accused in the impugned Anx.A1

FIR in Crime No.361/2016 of Perumpadappu Police Station,

Malappuram district, registered for offences punishable under

Secs.498A and 34 of the SectionIPC, which has led to the institution of

Anx.A2 Final report in C.C No.27/2017 on the file of JFCM, Ponnani.

It is stated that now the entire disputes between the petitioners and

3rd respondent defacto complainant have been settled amicably and

that the 3rd respondent has sworn to Anx.A3 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. No. 8160 of 2019

4

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.A1 FIR in Crime No.361/2016 of Perumpadappu
Crl.M.C. No. 8160 of 2019

5

Police Station, Malappuram district, which has led to the institution

of Anx.A2 Final report in C.C No.27/2017 on the file JFCM, Ponnani,

and all further proceedings arising therefrom pending against the

accused persons will stand quashed.

4. The petitioners will produce certified copies of this order

before 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 Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

KAS
Crl.M.C. No. 8160 of 2019

6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE F.I.R. DATED
10.12.2016.

ANNEXURE A2 TRUE COPY OF THE FINAL REPORT.

ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT DATED
30.4.2019.

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