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Judgments of Supreme Court of India and High Courts

Salim V vs Mumthas M.P on 19 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 19TH DAY OF NOVEMBER 2019 / 28TH KARTHIKA, 1941

Crl.MC.No.8121 OF 2019(E)

AGAINST THE ORDER/JUDGMENT IN CC 1036/2016 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, KOYILANDY

CRIME NO.854/2016 OF ELATHUR POLICE STATION, KOZHIKODE

PETITIONERS/ACCUSED NO.1 3:

1 SectionSALIM V.
AGED 49 YEARS, S/O.ABDU RAHIMAN,
VALIYIL HOUSE, KOTTEDATH BAZAR,
CHETTIKULAM, ELATHUR, KOZHIKODE DISTRICT

2 ABDU RAHIMAN
AGED 71 YEARS, S/O.MAMMU,
VALIYIL HOUSE, KOTTEDATH BAZAR,
CHETTIKULAM, ELATHUR, KOZHIKODE DISTRICT

BY ADVS.
SRI.P.V.ANOOP
SRI.M.P.PRIYESHKUMAR

RESPONDENTS/COMPLAINANT STATE:

1 MUMTHAS M.P.
AGED 42 YEARS, D/O.MOIDEENKOYA.M.P.,
DELIGHT HOUSE, (UMMARAYIL),
THIRUVANGOOR VILLAGE(PO),
KOYILANDY, KOZHIKODE DISTRICT, PIN-673305

2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682031

R1 BY ADV. K.V.SREERAJ
SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.8121 OF 2019(E)

2

ALEXANDER THOMAS, J.

Crl.M.C.No.8121 of 2019
———————————–
Dated this the 19th day of November, 2019

ORDER

The petitioners herein have been arrayed as the accused in Annexure-

A FIR in Crime No.854/2016 of Elathoor Police Station, Kozhikode

registered for offences punishable under Secs.498A and 406 read with 34Section

of the Indian Penal Code, which led to the pendency of Annexure-B final

report in C.C.No.1036/2016 on the file of the Judicial First Class

Magistrate’s Court, Koyilandy. It is stated that now the entire disputes

between the petitioners herein and the 1st respondent/de facto

complainant have been settled amicably and that the 1 st respondent has

sworn to Annexure-C 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
Crl.MC.No.8121 OF 2019(E)

3

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 this case to consider the prayer for quashment.

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

impugned Annexure-A FIR in Crime No.854/2016 of Elathoor Police

Station, Kozhikode which led to the pendency of Annexure-B final report in

C.C.No.1036/2016 on the file of the Judicial First Class Magistrate’s Court,
Crl.MC.No.8121 OF 2019(E)

4

Koyilandy and all further proceedings arising therefrom pending against all

the accused will stand quashed.

4. The 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.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE

vgd
Crl.MC.No.8121 OF 2019(E)

5

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO.1036/2016
OF KOYILANDY POLICE ALONG WITH THE
COMPLAINT

ANNEXURE B TRUE COPY OF THE FINAL REPORT IN CRIME
NO.854/2016 OF ELATHUR POLICE WHICH IS NOW
PENDING AGAINST THE PETITIONERS AS CC
NO.1036/2016 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, KOYILANDY

ANNEXURE C AFFIDAVIT SWORN BY THE 1ST RESPONDENT ON
22.10.2019

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