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Pramod.K vs State Of Kerala on 24 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/S:

PRAMOD.K
AGED 39 YEARS
S/O.VIJAYALAKSHMI, VISHNUNAGAR, KUMBALA.P.O.,
KASARAGOD DISTRICT.

BY ADV. SRI.P.K.SUBHASH

RESPONDENT/S:
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.

OTHER PRESENT:
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
ORDER

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

quashment.

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.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.3579/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

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.

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