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Navaz 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.8169 OF 2019(A)

CC 1401/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
CHAVARA

CRIME NO.1082/2013 OF Chavara Police Station , Kollam

PETITIONER:

NAVAZ
AGED 51 YEARS
S/O PUKUNJU, KOLASSERIL HOUSE,
CHAVARA BRIDGE P.O, CHAVARA , KOLLAM DISTRICT,
PIN- 691 583. NOW RESIDING AT PEEDIKAPAREMBIL .
MSM COLLEGE JUNCTION , KAYAMKULAM ,PIN- 690 572

BY ADVS.
SRI.SUBHASH CYRIAC
SMT.SHEEBA JOSEPH
SRI.S.SREEJITH
SMT.M.C.SHIJIMOLE

RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

2 SEENATH
D/O SHAREEFA BEEVI,KOLASSERIL HOUSE,
CHAVARA BRIDGE P.O, CHAVARA, NOW RESIDING AT
PEEDIKAPAREMBIL . MSM COLLEGE JUNCTION ,
KAYAMKULAM ,PIN- 690 572

BY ADV.
SMT.BINI ELIZABETH-R2
SRI.T.R.RENJITH, 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. 8169 of 2019

2

ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 8169 of 2019
————————————
Dated this the 20th day of November, 2019

ORDER

The petitioner herein is the accused in the impugned Anx.1 FIR

in Crime No.1082/2013 of Chavara Police Station, Kollam district,

registered for offences punishable under Secs.498A and 324 of the

SectionIPC, which has led to the institution of Anx.2 Final report in C.C

No.1401/2015 on the file of Judicial First Class Magistrate Court,

Chavara. It is stated that now the entire disputes between the

petitioner and 2nd respondent defacto complainant have been settled

amicably and that the 2nd respondent has sworn to Anx.3 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
Crl.M.C. No. 8169 of 2019

3

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.1 FIR in Crime No.1082/2013 of Chavara Police
Crl.M.C. No. 8169 of 2019

4

Station, Kollam district, which has led to the institution of Anx.2

Final report in C.C No.1401/2015 on the file of Judicial First Class

Magistrate Court, Chavara, and all further proceedings arising

therefrom pending against the accused will stand quashed.

4. The petitioner 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. 8169 of 2019

5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 TRUE COPY OF FIR IN CRIME NO.1082/2013
OF CHAVARA POLICE STATION, FILED BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHAVARA.

ANNEXURE 2 TRUE COPY OF THE FINAL REPORT IN CC
NO.1401/15 OF FILED BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, CHAVARA.

ANNEXURE 3 AFFIDAVIT OF THE 2ND RESPONDENT.

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