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Judgments of Supreme Court of India and High Courts

Saji S.G. vs State Of Kerala on 25 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

CRL.MC.NO.8334 OF 2019(B)

CC 1139/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOLLAM

CRIME NO.33/2018 OF ERAVIPURAM POLICE STATION, KOLLAM

PETITIONERS/ACCUSED 1 TO 3:

1 SAJI S.G., AGED 35 YEARS,
S/O. SASIDHARAN PILLAI, SAJI BHAVANAM,
EDANAD CHERI, CHATHANNOOR VILLAGE, KOLLAM.

2 GIRIJA, AGED 56 YEARS,
W/O. SASIDHARAN PILLAI, SAJI BHAVANAM,
EDANAD CHERI, CHATHANNOOR VILLAGE, KOLLAM.

3 SOUMYA, AGED 31 YEARS,
W/O.UNNIKRISHNA PILLAI, NANDANAMVEEDU,
AMBAALVAYAL, PANAYAMCHERI, PERINADU VILLAGE,KOLLAM.

BY ADV. SRI.B.MOHANLAL

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2 THE STATION HOUSE OFFICER
ERAVIPURAM POLICE STATION,
ERAVIPURAM P.O., KOLLAM-691 011.

3 SMT.VIDYA VIJAYAN,
D/O. THULASI AMMA, AGED 33 YEARS,
R.V.BHAVAN, KALLUMMOODU, KAKKOTTUMOOLA,
MAYYANAD CHERI, MAYYANAD VILLAGE, KOLLAM-691 303.

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR FOR R1 R2
SRI.A.SANIL KUMAR, ADVOCATE FOR R3.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 8334 of 2019
————————————
Dated this the 25th day of November, 2019

ORDER

The petitioners herein are the accused Nos. 1 to 3 in the

impugned Anx.A1 FIR in Crime No.33/2018 of Eravipuram Police

Station, Kollam district, registered for offences punishable under

Secs.294(b), 323, 498A 34 of the SectionIPC, which has led to the

institution of Anx.A2 Final Report in C.C.No.1139/2018 on the file

of the JFCM-II, Kollam. It is stated that now the entire disputes

between the petitioner and the 3rd respondent defacto

complainant have been settled amicably and that the

3rd respondent has sworn to Anx.A4 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.

Crl.M.C. No. 8334 / 2019

..3..

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 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
Crl.M.C. No. 8334 / 2019

..4..

this case to consider the prayer for quashment.

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

the impugned Anx.A1 FIR in Crime No.33/2018 of Eravipuram

Police Station, Kollam district, which has led to the institution of

Anx.A2 Final Report in C.C.No.1139/2018 on the file of the

JFCM-II, Kollam, and all further proceedings arising therefrom

pending against the accused persons will stand quashed.

4. The petitioners will produce certified copies of this

order before 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/-

ALEXANDER THOMAS,
JUDGE

MMG
Crl.M.C. No. 8334 / 2019

..5..

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF THE FIR AND FIS IN
CRIME NO.33/2018 OF ERAVIPURAM POLICE
STATION IN KOLLAM DISTRICT

ANNEXURE-A2 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.33/2018 OF ERAVIPURAM POLICE
STATION IN KOLLAM DISTRICT PENDING AS
CC NO.1139/2018 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II,KOLLAM

ANNEXURE-A3 THE TRUE COPY OF THE AFFIDAVIT FILED
BY THE 3RD RESPONDENT BEFORE THE
DISCIPLINARY AUTHORITY AWWA DATED
18.06.2019

ANNEXURE-A4 THE TRUE COPY OF THE AFFIDAVIT DATED
18/11/20-19 FILED BY THE 3RD
RESPONDENT BEFORE THIS HON’BLE COURT

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