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.