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Prasoon N vs State Of Kerala on 12 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941

Crl.MC.No.4621 OF 2018

AGAINST CC 191/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-V,KOZHIKODE

CRIME NO.538/2017 OF Nallalam Police Station , Kozhikode

PETITIONERS/ACCUSED NOS. 1 TO 3:

1 PRASOON N.
AGED 37 YEARS, S/O.RAMACHANDRAN, RACHANA, KURUKKAYIL
THAZHAM, NACHATTIL PUTHIYANGADI (VIA), EDAKKAD,
KUNDUPARAMB KOZHIKODE DISTRICT.

2 RAMACHANDRAN N.
AGED 65 YEARS, RACHANA, KURUKKAYIL THAZHAM, NACHATTIL
PUTHIYANGADI (VIA), EDAKKAD, KUNDUPARAMB KOZHIKODE
DISTRICT.

3 PRASANNA KUMARI T.K.
AGED 61 YEARS, W/O.RAMACHANDRAN, RACHANA, KURUKKAYIL
THAZHAM, NACHATTIL PUTHIYANGADI (VIA), EDAKKAD,
KUNDUPARAMB KOZHIKODE DISTRICT.

BY ADV. SRI.P.V.ANOOP

RESPONDENTS/COMPLAINANT STATE:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI – 682031.

2 DEEPTHI P.K.
AGED 29 YEARS, D/O. SASEENDRAN SUDEEPTHAM
PALATHUMKUZHI HOUSE, PAYYADIMEETHAL, PANTHEERAMKAVU,
KOZHIKODE DISTRICT, PIN-673019.

R1-2 BY ADV. SRI.M.P.PRIYESHKUMAR
R1 BY ADV. SRI.K.V.SREERAJ

OTHER PRESENT:

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.11.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4621/2018 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No. 4621 of 2018
———————————————-
Dated this the 12th day of November, 2019

ORDER

The petitioners herein are accused Nos. 1 and 3 in the

impugned Anx-A FIR in Crime No.538/2017 of Nallalam Police

Station, Kozhikode District, which has been registered for offences

punishable under Secs.498A, 306, 323 and 34 of the SectionI.P.C on the

basis of a complaint filed by the 2 nd respondent/defacto complainant

and which has led to the institution of Anx-B Final Report in

C.C.No.191/2018 on the file of the Judicial First Class Magistrate

Court-V, Kozhikode. It is stated that now the entire disputes between

the petitioners and the 2nd respondent/defacto complainant have

been settled amicably and that the 2 nd respondent has sworn to

Anx-C affidavit before this Court, wherein it is stated that she has

settled the entire disputes with the petitioners and that she has no

objection for quashment of the impugned criminal proceedings

pending against the petitioners. It is in the light of these aspects that

the petitioners have 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,
Crl.M.C.No.4621/2018 3

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

affidavits 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-A FIR in Crime No.538/2017 of Nallalam Police

Station, Kozhikode District, which has led to the institution of Anx-B

Final Report in C.C.No.191/2018 on the file of the Judicial First Class
Crl.M.C.No.4621/2018 4

Magistrate Court-V, Kozhikode and all further proceedings arising

therefrom pending against the accused will stand quashed.

The petitioners will produce certified copy of this order

before the court below concerned as well as the Investigating

officer concerned. The office of the Advocate General will also

forward a certified copy of this order to the Investigating Officer

concerned.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

sd/-

ALEXANDER THOMAS, JUDGE.

acd
Crl.M.C.No.4621/2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE-A CERTIFIED COPY OF THE FIR IN CRIME NO.

538/2017 OF NALLALAM POLICE STATION

ANNEXURE-B CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.538/2017 WHICH IS NOW PENDING
AGAINST THE PETITIONER AS
C.C.N.191/2018 ON THE FILE OF THE
JUDICIAL FIRST CLASS MAGISTRATE COURT-

V, KOZHIKODE

ANNEXURE-C AFFIDAVIT SWORN BY THE SECOND
RESPONDENT DATED 153/2018.

True Copy

P.S. To Judge.

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