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Rathin vs State Of Kerala on 6 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941

Crl.MC.No.7729 OF 2019(E)

AGAINST CC 2961/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,IRINJALAKUDA
CRIME NO.1645/2016 OF Pudukkad Police Station , Thrissur

PETITIONERS/ACCUSED 1 TO 4:

1 RATHIN,AGED 31 YEARS,S/O RAJAN, KAPPLINGATT HOUSE,
CHITTISSERRY, NENMANIKKARA VILLAGE, THRISSUR
DISTRICT, PIN – 680 301.

2 RAJAN,AGED 53 YEARS,S/O VELAYUDHAN, KAPPLINGATT
HOUSE, CHITTISSERRY, NENMANIKKARA VILLAGE, THRISSUR
DISTRICT, PIN – 680 301.

3 RADHA,AGED 51 YEARS,W/O RAJAN, KAPPLINGATT HOUSE,
CHITTISSERRY, NENMANIKKARA VILLAGE, THRISSUR
DISTRICT, PIN – 680 301.

4 RAGI,AGED 30 YEARS,W/O RANJU, KURIAPARA MOLEM HOUSE,
IRUMALAPADY DESOM, IRIMALLUR VILLAGE, PIN – 686 692.

BY ADV. SMT.P.SAREENA GEORGE

RESPONDENT/S:

1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.

2 THE STATION HOUSE OFFICER,
PUDUKKAD POLICE STATION, THRISSUR DISTRICT.

3 NIMITHA
AGED 29 YEARS
D/O. MANI, PERUMPADA HOUSE, PAZHUVIL, KURUMBILAVU,
PAZHUVIL P.O., PIN – 680 701.

R3 BY ADV. O.V.BINDU

OTHER PRESENT:

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR
Crl.M.C.No.7729/2019 2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.7729/2019 3

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.7729 of 2019
———————————————-
Dated this the 6th day of November, 2019

ORDER

The petitioners herein are accused Nos.1 to 4 in the

impugned Anx-A1 FIR in Crime No.1645/2016 of Pudukad Police

Station, Thrissur District, which has been registered for offences

punishable under Sec.498A of the SectionI.P.C on the basis of a

complaint filed by the 3rd respondent/defacto complainant and

which has led to the institution of final report in

C.C.No.2961/2016 on the file of Judicial First Class Magistrate

Court, Irinjalakuda. It is stated that now the entire disputes

between the petitioners and the 3 rd respondent/defacto

complainant have been settled amicably and that the 3 rd

respondent has sworn to Anx-A2 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.

Crl.M.C.No.7729/2019 4

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 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-A1 FIR in Crime No.1645/2016 of
Crl.M.C.No.7729/2019 5

Pudukkad Police Station, Thrissur District, which has led to the

institution of Final Report in C.C.No.2961/2016 on the file of the

Judicial First Class Magistrate Court, Irinjalakuda 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.7729/2019 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF FIR 1645/2016 OF
THOPPUMPADY POLICE STATION AND FINAL
REPORT IN CC 2961/2016 OF JFCM COURT
IRINJALAKUDA.

ANNEXURE A2 TRUE COPY OF AFFIDAVIT EXECUTED BY
3RD RESPONDENT.

True Copy

P.S. To Judge.

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