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
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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
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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.
