SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Rijas vs The State Of Kerala on 5 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Crl.MC.No. 2682 of 2019

CRIME NO. 337/2018 OF EDATHALA POLICE STATION , ERNAKULAM

PETITIONERS/ACCUSED NO.1 TO 3:

1 RIJAS,
AGED 30 YEARS,S/O.A.A.KUNJUMON, KAIPALATHIL HOUSE,
NEAR MES JUNCTION, ERUMATHALA.P.O., ALUVA-683112.

2 BUSHARA,
AGED 37 YEARS
D/O.A.A.KUNJUMON, KAIPALATHIL HOUSE, NEAR MES
JUNCTION, ERUMATHALA.P.O., ALUVA-683112.

3 KUNJUBEEVI
AGED 58 YEARS,W/O.A.A.KUNJUMON, KAIPALATHIL HOUSE,
NEAR MES JUNCTION, ERUMATHALA.P.O., ALUVA-683112.

BY ADV. SRI.BINDU SREEKUMAR

RESPONDENTS/STATE AND COMPLAINANTS:

1 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA.

2 THE SUB INSPECTOR OF POLICE,
EDALATHA POLICE STATION, ERNAKULAM RURAL.

3 FOUSIA,
AGED 29 YEARS,
D/O.IBRAHIM, POOTHOLIPARAMBU HOUSE, NEAR AMRUTHA
HOSPITAL, EDAPPALLY, ERNAKULAM.

BY ADV. SMT.AMBILY (PREMKUMAR)

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1 AND R2,
SMT.AMBILY(PREMKUMAR) FOR R3

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2682 of 2019

-:2:-

ALEXANDER THOMAS, J.

Crl.M.C. No.2682 of 2019
———————————–
Dated this the 5th day of April, 2019

ORDER

The petitioners herein are accused Nos.1 to 3 in the impugned Anx-A FIR

in Crime No.337/2018 of Edathala Police Station, Ernakulam district, registered

for offences punishable under Sec.498A of the Indian Penal Code. It is stated that

now the entire disputes between the petitioners and the 3 rd respondent defacto

complainant have been settled amicably and 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.

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 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
Crl.MC.No.2682 of 2019

-:3:-

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-A FIR in Crime No.337/2018 of Edathala Police Station, Ernakulam 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
Crl.MC.No.2682 of 2019

-:4:-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FIR DATED 5.4.2018
SUBMITTED BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-I, ALUVA PREPARED BY THE
SI OF POLICE EDATHALA POLICE STATION.

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation