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Niyas vs The State Of Kerala on 14 March, 2019

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

2

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

3

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

4

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.

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