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Sajid A.G vs State Of Kerala on 2 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941

Crl.MC.No.8516 OF 2019(D)

CRIME NO.656/2019 OF HOSDURG POLICE STATION, KASARAGOD

PETITIONERS/ACCUSED 1 TO 3:

1 SAJID A.G.,
AGED 30 YEARS
S/O.ABDUL SALAM K.P., S.S.MANZIL, MEDAMMEL SOUTH,
TRIKARIPUR, KASARAGOD DISTRICT.

2 KUNHALEEMA A.G.,
AGED 59 YEARS
W/O.ABDUL SALAM K.P., S.S.MANZIL, MEDAMMEL SOUTH,
TRIKARIPUR, KASARAGOD DISTRICT.

3 FAIROOSA A.G.,
AGED 25 YEARS
D/O.ABDUL SALAM K.P., S.S.MANZIL, MEDAMMEL SOUTH,
TRIKARIPUR, KASARAGOD DISTRICT.

BY ADV. SRI.V.N.RAMESAN NAMBISAN

RESPONDENTS/STATE COMPLAINANTS:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN – 682 031.

2 MUBASHEERA RAHMAN,
D/O.ABDUL RAHMAN, AGED 24 YEARS, KANJIRAYIL
HOUSE, ATHINJAL, MANIKKOTH VILLAGE, HOSDURG
TALUK, KASARAGOD DISTRICT, PIN – 671 315.

R2 BY ADV. PHILJO VARUGHESE PHILIPS
Crl.MC.No.8516 OF 2019(D) 2

ALEXANDER THOMAS, J.

Crl.M.C.No.8516/2019

DATED THIS 2ND DAY OF DECEMBER 2019

ORDER

The petitioners herein are the accused in the impugned Anx. 1

FIR in Crime No.656/2019 of Hosdurg Police Station in Kasargode

District, registered for offences punishable under Secs.498A of the

SectionIPC., on the basis of 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. 2

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
Crl.MC.No.8516 OF 2019(D) 3

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. 1 FIR in Crime No.656/2019 of Hosdurg Police

Station in Kasargode District, and all further proceedings arising

therefrom pending against the accused persons will stand quashed.
Crl.MC.No.8516 OF 2019(D) 4

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/-

ALEXANDER THOMAS

JUDGE

DM
Crl.MC.No.8516 OF 2019(D) 5

APPENDIX
PETITIONERS EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE FIR NO.656 OF 2019 DATED
10/11/2019 OF HOSDURG POLICE STATION,
KASARAGOD.

ANNEXURE 2 TRUE COPY OF AFFIDAVIT DATED 18/11/2019
SWORN TO BY RESPONDENT NO.2.

//TRUE COPY//
PA TO JUDGE

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