IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
Crl.MC.No. 2007 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 433/2018 of JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHAVARA
CRIME NO. 512/2018 OF THEKKUMBHAGOM POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
NIYAS,
AGED 25 YEARS
S/O.NISAMUDHEEN, THIRUVANTE VILAYIL,
KOYIVILA, THEVALAKKARA, KOLLAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE DE FACTO COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2 THE SUB INSPECTOR OF POLICE,
THEKKUMBHAGOM POLICE STATION,
KOLLAM DISTRICT, PIN-690524.
3 AYISHA BEEVI,
D/O. SHAJAHAN, AGED 21 YEARS,
KALLUVILAYIL VEEDU, PUTHEN SANKETHAM,
KOIVILA P.O, THEVALAKKARA,
KOLLAM DISTRICT, PIN-691590.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1 AND
R2,
SRI.K.S.PRAVEEN FOR R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2007 of 2019
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ALEXANDER THOMAS, J.
Crl.M.C. No.2007 of 2019
———————————–
Dated this the 14th day of March, 2019
ORDER
The petitioner herein is the sole accused in the impugned Anx-A Final
Report in Crime No.512/2018 of Thekkumbhagom Police Station, Kollam
district, registered for offences punishable under Sec.498A of the Indian
Penal Code. It is stated that now the entire disputes between the petitioner
and the 3rd respondent defacto complainant have been settled amicably and
that the 3rd respondent has sworn to Anx.B 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 High
Court can quash prosecution by exercise of the powers under Sec.482 of the
Cr.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
Crl.MC.No. 2007 of 2019
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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 Gian Singh v. State of Punjab reported in
2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and Narinder 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-A Final Report in Crime No.512/2018 of Thekkumbhagom
Police Station, Kollam district and all further proceedings arising therefrom
pending against the accused will stand quashed.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
Vgd/15.03.2019
Crl.MC.No. 2007 of 2019
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.512/2018 OF THEKKUMBHAGOM
POLICE STATION.
ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENT DATED 3.8.2018.
