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Saifudheen vs State Of Kerala on 11 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941

Crl.MC.No.6994 OF 2019(D)

CRIME NO.654/2019 OF ELATHUR POLICE STATION, KOZHIKODE

PETITIONERS/ACCUSED 1 TO 5:

1 SAIFUDHEEN
AGED 36 YEARS
S/O. ASEES, RESIDING AT PATTAYATT HOUSE, ELATHOOR,
KOZHIKODE DISTRICT, PIN 673 303

2 ASEES,
AGED 58 YEARS
S/O. AHMED, RESIDING AT PATTAYATT HOUSE, ELATHOOR,
KOZHIKODE DISTRICT, PIN 673 303

3 AYISHABI,
AGED 50 YEARS
W/O. ASEES, RESIDING AT PATTAYATT HOUSE, ELATHOOR,
KOZHIKODE DISTRICT, PIN 673 303

4 MUBEENA,
AGED 29 YEARS
W/O. RASAK, RESIDING AT PATTAYATT HOUSE, ELATHOOR,
KOZHIKODE DISTRICT, PIN 673 303

5 RUBEENA,
AGED 24 YEARS
D/O. ASEES, RESIDING AT PATTAYATT HOUSE, ELATHOOR,
KOZHIKODE DISTRICT, PIN 673 303

BY ADV. SHRI.JITHIN CHANDRAN C.T.

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM PIN 682 031
Crl.M.C.No.6994 of 2019
2

2 SHAMNA,
AGED 25 YEARS
W/O. SAIFUDHEEN, RESIDING AT MANIKKOTH HOUSE,
KALPATHUR P.O, PERAMBRA, KOZHIKODE RURAL DISTRICT,
PIN 686 633

R2 BY ADV. SAREEN.S

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6994 of 2019
3

ALEXANDER THOMAS, J.

Crl.M.C.No.6994 of 2019
———————————–
Dated this the 11th day of October, 2019

ORDER

Petitioners herein have been arrayed as accused Nos.1 to 5 in

Annexure-A1 FIR in Crime No.654/2019 of Elathur Police Station,

Kozhikode, which has been registered for offences punishable under

Secs.498A and 406 read with Sec.34 of the Indian Penal Code. It is stated

that now the entire disputes between the petitioners herein and the

2nd respondent de facto complainant have been settled amicably and that

the 2nd respondent has sworn to Annexure-A2 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
Crl.M.C.No.6994 of 2019
4

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 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 Annexure-A1 FIR in Crime No.654/2019 of Elathur Police

Station, Kozhikode and all further proceedings arising therefrom pending

against all the accused will stand quashed.

4. Petitioners will produce certified copies of this order to the

Investigating Officer concerned and the competent court below concerned.

Office of Advocate General will forward a copy of this order to the

Investigating Officer concerned, for necessary information.
Crl.M.C.No.6994 of 2019
5

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd
Crl.M.C.No.6994 of 2019
6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 654/2019 OF ELATHUR
POLICE STATION, KOZHIKODE DISTRICT

ANNEXURE A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT.

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