IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 16TH DAY OF DECEMBER 2019 / 25TH AGRAHAYANA, 1941
Crl.MC.No.8549 OF 2019(G)
AGAINST THE ORDER IN CC 1212/2019 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I, NEDUMANGAD
CRIME NO.1736/2016 OF VENJARAMOODU POLICE STATION ,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NO.1-3:
1 SALIM,
AGED 37 YEARS
S/O. MUHAMMED THAHA, THADATHARIKATHU VEEDU,
KUTTIMOODU, VELLUMANNADY P.O., VENJARAMOODU,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695 607
2 SEENATH BEEVI,
AGED 65 YEARS
W/O. MUHAMMED THAHA, THADATHARIKATHU VEEDU,
KUTTIMOODU, VELLUMANNADY P.O., VENJARAMOODU,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695 607
3 SIYAD MUHAMMED,
AGED 33 YEARS
S/O. MUHAMMED THAHA, THADATHARIKATHU VEEDU,
KUTTIMOODU, VELLUMANNADY P.O., VENJARAMOODU,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695 607
BY ADV. SRI.ARUN CHAND
RESPONDENTS/STATE CW1:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
2 RAZIYA,
AGED 26 YEARS
D/O. AISHATHU BEEVI, RESIDING AT THADATHARIKATHU
VEEDU, KARINCHI, NELLANADU VILLAGE, VENJARAMOODU.P.O,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695 607
R2 BY ADV. P.K.THAMPI
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8549 of 2019
2
ALEXANDER THOMAS, J.
Crl.M.C.No.8549 of 2019
———————————–
Dated this the 16th day of December, 2019
ORDER
The petitioners herein have been arrayed as accused Nos.1 to 3 in
Crime No.1736/2016 of Venjaramoodu Police Station,
Thiruvananthapuram, registered for offences punishable under Secs.498A
34 of the Indian Penal Code, which led to the pendency of Annexure-A1
final report in C.C.No.1212/2019 on the file of the Judicial First Class
Magistrate’s Court (for the trial of Forest offences), Nedumangad. 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.
Crl.M.C.No.8549 of 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
Cr.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 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 Crime No.1736/2016 of Venjaramoodu Police Station,
Thiruvananthapuram, which led to the pendency of Annexure-A1 final
report in C.C.No.1212/2019 on the file of the Judicial First Class
Crl.M.C.No.8549 of 2019
4
Magistrate’s Court (for the trial of Forest offences), Nedumangad 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.M.C.No.8549 of 2019
5
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE-A1 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.1736/2016 OF VENJARAMOODU POLICE
STATION, THIRUVANANTHAPURAM,WHICH IS NOW
PENDING AS C.C.NO.1212/2019 BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT, (FOR
THE TRIAL OF FOREST OFFENCES) NEDUMANGAD
ANNEXURE-A2 AN AFFIDAVIT SWORN BY THE SECOND RESPONDENT
STATING THAT SHE IS NOT HAVING FURTHER
INTENTION TO PROCEED AGAINST THE RESPONDENT