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Riyas vs State Of Kerala on 17 July, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941

Crl.MC.No.4967 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 1051/2018 of JUDICIAL
MAGISTRATE OF FIRST CLASS ,PARAPPANANGADI

CRIME NO.425/2018 OF Thirurangadi Police Station , Malappuram

PETITIONER/S:
1 RIYAS, AGED 33 YEARS, S/O.ABOOBACKER, PARAMMEL
HOUSE, CHENAKKAL, THIRURANGADI, MALAPPURAM.

2 AYISHA, AGED 53 YEARS, W/O.ABOOBAKAR, PARAMMEL
HOUSE, CHENAKKAL, THIRURANGADI, MALAPPURAM.

3 NUSAIBA, AGED 34 YEARS, D/O.ABOOBAKAR, PARAMMEL
HOUSE, CHENAKKAL, THIRURANGADI, MALAPPURAM.

BY ADV. SRI.R.K.MURALEEDHARAN

RESPONDENT/S:
1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA- 682 031.

2 SHAMEENA,AGED 23 YEARS
D/O.LATE ALAVI, PALLIYALIL MALIYEKKAL, P.O.MANIYUR,
THIRURANGADI, MALAPPURAM DISTRICT – 676 306.

OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1,
SRI.AMAL S KUMAR FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 4967 of 2019

Dated this the 17th day of July, 2019
ORDER

The petitioners herein are the accused in the impugned Anx.

A-2 final report/charge sheet filed in Anx.A-1 FIR in Crime No.425/

2018 of Tirurangadi Police Station, registered for offences punishable

under Secs.498A and 34 of the SectionI.P.C., which has led to the institution

of C.C.No.1051/2018 on the file of the Judicial First Class Magistrate’s

Court, Parappanangadi, based on the complaint of the 2 nd respondent

defacto complainant. It is stated that now the entire disputes

between the petitioners and the 2nd respondent defacto complainant

have been settled amicably and that the 2nd 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
Crl.M.C.4967/19 – : 3 :-

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.

3. Accordingly, it is ordered in the interest of justice that the

impugned Anx. A-2 final report/charge sheet filed in Anx.A-1 FIR in

Crime No.425/2018 of Tirurangadi Police Station and all further
Crl.M.C.4967/19 – : 4 :-

proceedings arising therefrom pending against the accused persons

will stand quashed.

The petitioners will produce certified copies of this order before

the investigating officer concerned and the competent court below

concerned. The office of the Advocate General will forward copy of

this order to the investigating officer concerned for information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.4967/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.425/2018 OF
TIRURANGADI POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME

NO.425/2018 OF TIRURANGADI POLICE STATION.

ANNEXURE A3 TRUE COPY OF AFFIDAVIT DATED 09/07/2019
EXECUTED BY THE 2ND RESPONDENT.

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