IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941
Crl.MC.No.6828 OF 2019(C)
AGAINST THE ORDER/JUDGMENT IN CP 2/2018 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, NEDUMANGAD
CRIME NO.358/2017 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
SANTHOSH
AGED 40 YEARS, S/O. VARGHESE,
SUMIBHAVAN, KARANTHALA,
KARIPOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS/STATE, DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031
2 MINI, AGED 36 YEARS,
D/O. AGNES, SUMIBHAVAN, NJAVARAPPARA, THADATHARIKATHU
VEEDU, KARIPPOOR VILLAGE, NEDUMANGAD,
THIRUVANANTHAPURAM DISTRICT – 695 001
3 GLISTUS, AGED 45 YEARS,
S/O. ROBINSON, 222, PARAMUKAL VEEDU, KARIPPOOR.P.O.,
KARIPPOOR VILLAGE,
NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT – 695 001
R2-3 BY ADV. A.CHANDRA BABU
SRI.P.N.SUMODU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ALEXANDER THOMAS, J.
Crl.M.C.No.6828 of 2019
———————————–
Dated this the 24th day of October, 2019
ORDER
The petitioner herein has been arrayed as the sole accused in Crime
No.358/2017 of Nedumangad Police Station, Thiruvananthapuram,
registered for offences punishable under Secs.294(b), 341, 323, 498A, 308,
427 506(ii) of the Indian Penal Code, which led to the institution of
Annexure-A1 final report in C.P.No.2/2018 on the file of the Judicial First
Class Magistrate’s Court-I, Nedumangad. It is stated that now the entire
disputes between the petitioner herein and the 2 nd respondent de facto
complainant and the 3rd respondent, brother of the defacto complainant
have been settled amicably and that respondents 2 3 have sworn to
Annexures-A2 A3 affidavits before this Court, wherein it is stated that
they have settled the entire disputes with the petitioner and that they have
no objection for quashment of the impugned criminal proceedings pending
against the petitioner. It is in the light of these aspects that the petitioner
has preferred the instant Crl.M.C. with the prayer to quash the impugned
Crl.MC.No.6828 OF 2019(C)
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criminal proceedings against him.
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.
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3. Accordingly, it is ordered in the interest of justice that the
impugned Crime No.358/2017 of Nedumangad Police Station,
Thiruvananthapuram, which led to the institution of Annexure-A1 final
report in C.P.No.2/2018 on the file of the Judicial First Class Magistrate’s
Court-I, Nedumangad and all further proceedings arising therefrom
pending against the accused will stand quashed.
4. The petitioner 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
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CP 2/2018
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-1, NEDUMANGAD
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT
ANNEXURE A3 TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD
RESPONDENT