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Noufiya vs State Of Kerala on 29 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941

Crl.MC.No.7381 OF 2019(C)

AGAINST THE ORDER/JUDGMENT IN CC 497/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS – I, KARUNAGAPPALLY

CRIME NO.354/2019 OF Karunaagapally Police Station , Kollam

PETITIONER/S:

NOUFIYA, AGED 20 YEARS, D/O.RAHIYANATH, SHANAVAS
MANZIL, MANAPPALLY NORTH MURI, THAZHAVA VILAGE,
KARUNAGAPPALLY, KOLLAM DISTRICT, NOW RESIDING AT
NEDUMPARATHEKKETHIL, KAPPIL EAST MURI, KRISHNAPURAM
VILLAGE, KAYAMKULAM PIN-690533

BY ADV. SRI.RENJIT GEORGE

RESPONDENT/S:

1 STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM PIN-682031

2 SHANAVAS, AGED 28 YEARS, S/O.SHAJAHAN,
SHANAVAS MANZIL, MANAPPALLY VADAKKU MURI,
PAVUMPA VILLAGE PIN-690574

OTHER PRESENT:

SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
::2::
Crl.MC.No.7381 OF 2019(C)

ALEXANDER THOMAS, J.
—————————–
Crl.M.C.No.7381 Of 2019
———————————
Dated this the 29th day of October, 2019.

ORDER

The petitioner herein is the de facto complainant in relation

to the impugned Anx-A1 Final Report/Charge Sheet arising out of

Crime No.354/2019 of Karunagappally Police Station, Kollam

District, which has been registered for offences punishable under

Secs.294(b), 323 498A of the SectionI.P.C and which is now pending as

C.C.No.497/2019 on the file of the Judicial First Class Magistrate

Court, Karunagappally, in which the 2nd respondent has been the

sole accused. It is stated that now the entire disputes between the

petitioner and the 2nd respondent-de facto complainant have been

settled amicably and that the petitioner has sworn to Anx-A2

affidavit before this Court, wherein it is stated that she has settled

the entire disputes with the 2nd respondent and that she has no

objection for quashment of the impugned criminal proceedings

pending against the 2nd respondent. 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 the 2nd respondent.

::3::

Crl.MC.No.7381 OF 2019(C)

2. The learned counsel for the petitioner has submitted

that this Court has already held in cases as in Ayshath Muneera

Hameed T.M. v. Chikkilodancheriya Kooveri Davvod Anr .,

reported in 2017 (2) KHC 799 that in appropriate cases even the de

facto complainant will have the locus to seek the quashment of the

impugned criminal proceedings on the ground of settlement.

3. 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 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
::4::

Crl.MC.No.7381 OF 2019(C)

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.

4. Accordingly, it is ordered in the interest of justice that the

impugned Anx-A1 Final Report in Crime No.354/2019 of

Karunagappally Police Station, Kollam District, which is now pending

as C.C.No.497/2019 on the file of the Judicial First Class Magistrate

Court, Karunagappally, and all further proceedings arising therefrom

pending against the 2nd respondent/accused will stand quashed.

The petitioner will produce certified copies of this order before

the investigating officer concerned and to the competent court below

concerned for necessary information. The office of the Advocate

General will forward copy of this order to the investigating officer

concerned for information as well as to the 2 nd respondent.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

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Crl.MC.No.7381 OF 2019(C)

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FINAL
REPORT IN CC NO.497/2019 ON THE FILES
OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, KARUNAGAPALLY IN CRIME
NO.354/2019 OF KARUNAGAPPALLY POLICE
STATION

ANNEXURE A2 AFFIDAVIT FILED BY THE PETITIONER/DE-
FACTO COMPLAINANT

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