IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
Crl.MC.No. 1975 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 2/2017 of CHIEF JUDICIAL
MAGISTRATE COURT, PALAKKAD
CRIME NO. 870/2016 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD
PETITIONERS:
1 SANJAY RAMACHANDRAN, AGED 37 YEARS
S/O.RAMACHANDRAN, RESIDING AT PUSHP VILLA CHS, MADONA
COLONY, MADAPESHWARD,
BORIVALI WEST, MUMBAI-400103.
2 INDIRA RAMACHANDRAN, AGED 62 YEARS
W/O. K.RAMACHANDRAN, RESIDING AT PUSHP VILLA CHS,
MADONA COLONY, MADAPESHWARD,
BORIVALI WEST, MUMBAI-400103.
BY ADVS.
SRI.SREELAL N.WARRIER
SMT.A.SREEKALA (VAIKOM)
SMT.KAIMAL PRIYA PADMANABHA
SRI.BIJU MATHEW
SRI.B.RAGHUNANDANAN
SRI.K.VISWANATHAN NAIR (KUTTIKAT)
SRI.M.S.AMAL DHARSAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 ANJALI.S., AGED 30 YEARS
W/O.SANJAI RAMACHANDRAN, RESIDING AT 12/482,
CHANGOTHUMPADY HOUSE, GREENZ VILLAGE, AYYAPANKAVU,
KANNADI.P.O., PALAKKAD-678701.
BY ADV. SRI.ADITHYA RAJEEV
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
Crl.M.C. No.1975 of 2019
———————————–
Dated this the 14th day of March, 2019
ORDER
The petitioners herein are the accused in the impugned Anx-I FIR in
Crime No.870/2016 of Palakkad Town Police Station, Palakkad district,
registered for offences punishable under Secs.323, 406 and 498A read with
Section 34 of the Indian Penal Code. 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.IV 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 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
Crl.MC.No. 1975 of 2019
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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 Anx.I FIR in Crime No.870/2016 of Palakkad Town Police Station,
Palakkad district, which has lead to the institution of Anx-II Final Report in
C.C. No.2/2017 on the files of the Chief Judicial Magistrate Court, Palakkad
and all further proceedings arising therefrom pending against the accused will
stand quashed.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
Vgd/15.03.2019
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE I TRUE PHOTOCOPY OF THE FIR DATED
18/8/2016.
ANNEXURE II TRUE PHOTOCOPY OF THE FINAL REPORT DATED
26/12/2016
ANNEXURE III TRUE PHOTOCOPY OF THE MEMORANDUM OF
UNDERSTANDING DATED 09/07/2018.
ANNEXURE IV TRUE COPY OF THE AFFIDAVIT DATED
30/01/2019 EXECUTED BY THE 2ND RESPONDENT
/DE-FACTO COMPLAINANT
