IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
Crl.MC.No. 1994 of 2019
AGAINST THE ORDER IN CC NO.347/2017 of JUDICIAL MAGISTRATE OF
FIRST CLASS ,THALASSERY
CRIME NO. 75/2017 OF THALASSERY POLICE STATION , KANNUR
PETITIONER/ACCUSED:
RAJANEESH.T,
AGED 38 YEARS,
S/O. SUGUNAN, KAVERI SADANAM, MARAKAPPU BEACH,
OZHINHA VALAPPU P.O., NEELESWARAM, KASARAGOD
DISTRICT-671314,
BY ADV. SRI.SATHEESHAN ALAKKADAN
RESPONDENT/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-682031.
2 SUDHAKSHINA M,
AGED 28 YEARS, S/O. PRATHAPAN(LATE), RESIDING AT
SUPRATHAPAM, TEMPLE GATE P.O, THALASSERRY, KANNUR
DISTRICT-670102.
BY ADV. SRI.A.ARUNKUMAR
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1,
SRI.A.ARUNKUMAR FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1994 of 2019
-:2:-
ALEXANDER THOMAS, J.
Crl.M.C. No.1994 of 2019
———————————–
Dated this the 14th day of March, 2019
ORDER
The petitioner herein is the sole accused in the impugned Anx-I FIR
in Crime No.75/2017 of Thalassery Police Station, Kannur district,
registered for offences punishable under Secs.323, 498A and 506 read with
Section 34 of the Indian Penal Code. It is stated that now the entire disputes
between the petitioner and the 2 nd 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 Sec.482 of the
Cr.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
Crl.MC.No. 1994 of 2019
-:3:-
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 Gian Singh v. State of Punjab
reported in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and Narinder
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.I FIR in Crime No.75/2017 of Thalassery Police Station,
Kannur district and all further proceedings arising therefrom pending
against the accused will stand quashed.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
Vgd/15.03.2019
Crl.MC.No. 1994 of 2019
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE AI CERTIFIED COPY OF THE FIR IN CRIME
NO.75/2017 OF THALASSERRY POLICE
STATION, KANNUR DISTRICT.
ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT.
ANNEXURE III TRUE COPY OF THE AFFIDAVIT SWORN TO THE
RESPONDENT NO.2 ENDORSING THE FACTUM OF
COMPOUNDING OF THE SAID OFFENCES AND THE
SETTLEMENT OF THE DISPUTES.
