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Saheer A.P. vs Rafseena M. on 3 June, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941

Crl.MC.No. 1407 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 821/2018 of JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KANNUR

CRIME NO. 620/2017 OF Kannur City Police Station , Kannur

PETITIONER/S:

1 SAHEER A.P., AGED 29 YEARS
S/O.MOHAMMED HASHIM,

2 SAREENA MOHAMMED, AGED 53 YEARS
W/O.MOHAMMED HASHIM, (BOTH THE PETITIONERS ARE
RESIDING AT SARIN HOUSE, NEAR NEERCHAL JUMA MASJID,
KANNUR CITY, KANNUR).

BY ADV. SRI.K.RAJESH SUKUMARAN

RESPONDENT/S:
1 RAFSEENA M., AGED 20 YEARS
D/O.RASACK, SEENATH VILLA, NEAR S.F.S SCHOOL,
P.O.THANA, KANNUR.

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

OTHER PRESENT:
SRI.R.SREEHARI FOR R1,
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 1407 of 2019

Dated this the 3rd day of June, 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.620/

2017 of Kannur City Police Station, registered for offence punishable

under Sec.498A of the SectionI.P.C., which has led to the institution of

C.C.No. 821/2018 on the file of the Judicial First Class Magistrate’s

Court-II, Kannur, on the basis of the complaint of the 1 st respondent

defacto complainant. It is stated that now the entire disputes between

the petitioners and the 1st respondent defacto complainant have been

settled amicably and that the 1st 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.1407/19 – : 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.620/ 2017 of Kannur City Police Station, which has led to
Crl.M.C.1407/19 – : 4 :-

the institution of C.C.No. 821/2018 on the file of the Judicial First

Class Magistrate’s Court-II, Kannur and all further proceedings

arising therefrom pending against 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.1407/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE F.I.R IN CRIME
NO.620/2017 OF KANNUR CITY POLICE STATION.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.620/2017 OF KANNUR CITY POLICE STATION
FILED BEFORE THE JFCM COURT NO.II, KANNUR.

ANNEXURE A3 SWORN AFFIDAVIT DATED 23.10.2018 OF THE 1ST
RESPONDENT.

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