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Muthukumar Subhramanyam 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.8643 OF 2019(A)

CRIME NO.23/2019 OF Kulathupuzha Police Station, Kollam

PETITIONERS/ACCUSED:

1 MUTHUKUMAR SUBHRAMANYAM,
AGED 28 YEARS
VISHNUKANAKKAY,THIRUVANANTHAPURAM, KOLLAM.

2 MUTHULAKSHMI,
AGED 54 YEARS
VISHNUKANAKKAY, THIRUMULLAVARAM, KOLLAM.

3 SUBHRAMANYAN,
AGED 60 YEARS
VISHNUKANAKKAY, THIRUMULLAVARAM, KOLLAM.

4 SELVI,
AGED 34 YEARS
VISHNUKANAKKAY, THIRUMULLAVARAM, KOLLAM.

5 SEKHAR,
AGED 40 YEARS
VISHNUKANAKKAY, THIRUMULLAVARAM, KOLLAM.

BY ADV. SRI.SYAM J SAM

RESPONDENT/STATE:

1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.

2 ARYA KRISHNAN,AGED 27 YEARS
27 YEARS, D/O.PREMKUMAR ARUN BHAVAN,
KUMARAMKARIKOM, KULATHUPUZHA, KOLLAM.

R2 BY ADV. M.J.JIJO ANTONY

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.8643/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.8643 of 2019
———————————————-
Dated this the 5th day of December, 2019

ORDER

The petitioners herein are accused in the impugned Anx-A1 FIR

in Crime No.23/2019 of Kulathupuzha Police Station, Kollam District,

which has been registered for offences punishable under Secs.341,

294(b), 323, 506, 498A and 34 of the SectionI.P.C., on the basis of a complaint

filed by the 2nd respondent/defacto complainant. It is stated that now

the entire disputes between the petitioners and the 2 nd

respondent/defacto complainant have been settled amicably and that

the 2nd respondent has sworn to Anx-A2 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

appropriate cases involving even non-compoundable offences, the High
Crl.M.C.No.8643/2019 3

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-A1 FIR in Crime No.23/2019 of Kulathupuzha Police

Station, Kollam District and all further proceedings arising therefrom

pending against the accused will stand quashed.

The petitioners will produce certified copy of this order before the
Crl.M.C.No.8643/2019 4

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.8643/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.23/2019 KULATHUPUZHA POLICE STATION.

ANNEXURE A2 THE TRUE COPY OF THE AFFIDAVIT FILED BY
THE SECOND RESPONDENT.

True Copy

P.S. To Judge.

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