IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA,
1941
Crl.MC.No.6817 OF 2019(B)
CRIME NO.185/2019 OF Badiadka Police Station, Kasargod
PETITIONER/S:
1 RASHAD.K.J, AGED 29 YEARS, S/O. JAMAL,
RESIDING AT KULATHINGAL HOSUE, PERDALA P.O.,
BADIADKA VILLAGE, KASARAGOD TALUK,
KASARAGOD DISTRICT.
2 JAMAL, AGED 58 YEARS, S/O. HASSAN, RESIDING AT
KULATHINGAL HOSUE, PERDALA P.O., BADIADKA
VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 THE STATION HOUSE OFFICER
BADIADKA POLICE STATION,
KASARAGOD DISTRICT-671 551.
3 MUBEENA K, AGED 21 YEARS
D/O. MOIDEEN KUNHI, RESIDING AT BAITHUL NOOR,
MUNIYOOR, KUMBADAJE VILLAGE AND POST,
KASARAGOD TALUK, KASARAGOD DISTRICT-671 543.
R3 BY ADV. G.SANGEETHA
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 03.10.2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
::2::
Crl.MC.No.6817 OF 2019(B)
ALEXANDER THOMAS, J.
—————————–
Crl.M.C.No.6817 Of 2019
———————————
Dated this the 3rd day of October, 2019.
ORDER
The petitioners herein are the accused in the impugned
Anx-A1 FIR in Crime No.185/2019 of Badiadka Police Station,
Kasaragod District, registered for offences punishable under
Secs.406 498A of the SectionI.P.C, on the basis of the complaint of the
3rd respondent-de facto complainant. The prosecution allegation is
that the accused persons have treated the de facto complainant
with cruelty demanding more dowry. It is stated that now the
entire disputes between the petitioners and the 3 rd respondent de
facto complainant have been settled amicably and that the
3rd respondent has sworn to Anx-A3 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 them.
::3::
Crl.MC.No.6817 OF 2019(B)
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 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.
::4::
Crl.MC.No.6817 OF 2019(B)
3. Accordingly, it is ordered in the interest of justice that
the impugned Anx-A1 FIR in Crime No.185/2019 of Badiadka
Police Station, Kasaragod District and all further proceedings
arising therefrom pending against the petitioners will stand
quashed.
The learned counsel for the petitioners will produce a
certified copy of this order before the Investigating Officer
concerned as well as the court below concerned for necessary
information. The Office of the Advocate General will also forward
a certified copy of this order to the Investigating Officer concerned
for necessary information.
With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS,
Judge.
bkn/-
::5::
Crl.MC.No.6817 OF 2019(B)
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME
NO.185/2019 OF BADIADKA POLICE
STATION, KASARAGOD DISTRICT.
ANNEXURE A2 THE TRUE COPY OF THE SETTLEMENT
AGREEMENT DATED 17.9.2019 ENTERED INTO
BETWEEN THE FIRST PETITIONER AND THE
THIRD RESPONDENT.
ANNEXURE A3 THE AFFIDAVIT DATED 25.9.2019 SWORN IN
BY THE THIRD RESPONDENT.