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Judgments of Supreme Court of India and High Courts

Riyas.C.A vs State Of Kerala on 13 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940

Crl.MC.No. 592 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 1517/2016 of JUDICIAL
MAGISTRATE OF FIRST CLASS -I, ALUVA

CRIME NO. 2750/2016 OF ALUVA EAST POLICE STATION , Ernakulam

PETITIONER/S:
1 RIYAS.C.A, AGED 35 YEARS
S/O ABDUL AZEEZ, CHALANGADIYIL HOUSE, COMPANYPADY
BHAGAM, THAIKKATTUKARA, CHOORNIKKARA VILLAGE.

2 ABDUL AZEEZ, AGED 66 YEARS, S/O. KUNJUMUHAMMED,
CHALANGADIYIL HOUSE, COMPANYPADY BHAGAM,
THAIKKATTUKARA, CHOORNIKKARA VILLAGE.

3 SAINABA BEEVI, AGED 64 YEARS
W/O ABDUL AZEEZ, CHALANGADIYIL HOUSE, COMPANYPADY
BHAGAM, THAIKKATTUKARA, CHOORNIKKARA VILLAGE.

BY ADV. SRI.JAISON JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF
POLICE, ALUVA EAST POLICE STATION-683 101.

2 ASHMI BASHEER, AGED 27 YEARS
D/O BASHEER, VAZHANALPRAYIL, THAZHATHANGADI PO,
VELOOR KARA, VELOOR VILLAGE, KOTTAYAM DISTRICT-686
003.

BY ADVS.
A.P.SATHIAN
P.S.NAVAS FOR R2
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 592 of 2019

Dated this the 13th day of March, 2019
ORDER

The petitioners herein are the accused in the impugned Anx.A2 Final

Report in Anx.A-1 FIR in Crime No.2750/2016 of Aluva Police Station,

registered for offences punishable under Sec.498A of the I.P.C., on the

basis of the complaint of the 2 nd respondent defacto complainant, which

has led to the institution of C.C.No. 1517/2016 on the file of the Judicial

First Class Magistrate’s Court-I, Aluva. It is stated that now the entire

disputes between the petitioners and 2nd respondent defacto complainant

have been settled amicably and that the 2 nd respondent has sworn to

Anx.A-3 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.

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
Crl.M.C.592/19 – : 3 :-

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 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.A2 Final Report in Anx.A-1 FIR in Crime No.2750/2016 of

Aluva Police Station, which has led to the institution of C.C.No. 1517/2016

on the file of the Judicial First Class Magistrate’s Court-I, Aluva, and all

further proceedings arising therefrom pending against the accused persons

will stand quashed.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.592/19 – : 4 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE F.I.R IN CRIME
NO.2750/2016 OF ALUVA EAST POLICE
STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL
REPORT/CHARGE SHEET IN C.C.NO.1517/2016
OF THE FILE OF JUDICIAL FIRST CLASS
MAGISTRATE COURT I ALUVA.

ANNEXURE A3 AFFIDAVIT FILED BY RESPONDENT NO.2

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