IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941
Crl.MC.No. 3579 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 1237/2018 of JUDICIAL
MAGISTRATE OF FIRST CLASS -I,HOSDRUG
CRIME NO. 46/2018 OF Hosdurg Police Station , Kasargod
AGED 39 YEARS
S/O.VIJAYALAKSHMI, VISHNUNAGAR, KUMBALA.P.O.,
BY ADV. SRI.P.K.SUBHASH
1 STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 ANU K.V.,AGED 29 YEARS, D/O.SHYAMALA.K.V., KIZHAKKE
VEEDU, LAKSHMINAGAR, KANHANGAD, KASARAGOD DISTRICT.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SMT.S.ANU FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No. 3579 of 2019
Dated this the 24th day of May, 2019
The petitioner herein is the accused in the impugned Anx. AII
final report/charge sheet filed in Anx. AI FIR in Crime No.46/2018 of
Hosdurg Police Station, registered for offence punishable under
Secs.498A of the SectionI.P.C., which has led to the institution of C.C.No.
1237/2018 on the file of the Judicial First Class Magistrate’s Court-I,
Hosdurg, based on the complaint of the 2 nd respondent defacto
complainant. It is stated that now the entire disputes between the
petitioner and the 2nd respondent defacto complainant have been
settled amicably and that the 2nd respondent has sworn to Anx.III
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
Crl.M.C.3579/19 – : 3 :-
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
3. Accordingly, it is ordered in the interest of justice that the
impugned Anx. AII final report/charge sheet filed in Anx. AI FIR in
Crime No.46/2018 of Hosdurg Police Station, which has led to the
institution of C.C.No. 1237/2018 on the file of the Judicial First Class
Crl.M.C.3579/19 – : 4 :-
Magistrate’s Court-I, Hosdurg and all further proceedings arising
therefrom pending against the accused will stand quashed.
The petitioner will produce certified copies of this order before
the 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 above Criminal
Miscellaneous Case stands finally disposed of.
sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.3579/19 – : 5 :-
ANNEXURE AI TRUE COPY OF THE FIR IN CRIME NO.46 OF 2018
OF HOSDURG POLICE STATION.
ANNEXURE II TRUE COPY OF THE FINAL REPORT IN CRIME NO.46
OF 2018 OF HOSDURG POLICE STATION.
ANNEXURE III TRUE COPY OF THE SAID AFFIDAVIT OF THE
SECOND RESPONDENT ENDORSING THE FACTUM OF
COMPOUNDING OF THE SAID OFFENCES AND THE
SETTLEMENT OF THE DISPUTES.