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:
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Crl.MC.No.7381 OF 2019(C)
ALEXANDER THOMAS, J.
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Crl.M.C.No.7381 Of 2019
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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.
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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
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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