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.8124 OF 2019(E)
AGAINST THE ORDER/JUDGMENT IN CC 1980/2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, TIRUR
CRIME NO.267/2010 OF KUTTIPPURAM POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED:
1 SHAJI,
AGED 46 YEARS, S/O.ABDULLA,
VARATTIPALLIYALIL HOUSE,
KUMBIDI.P.O., OTTAPPALAM TALUK,
PALAKKAD DISTRICT
2 MARIYAKUTTY
AGED 66 YEARS, S/O.ABDULLA,
VARATTIPALLIYALIL HOUSE,
KUMBIDI.P.O., OTTAPPALAM TALUK,
PALAKKAD DISTRICT
BY ADV. SRI.P.SAMSUDIN
RESPONDENTS/STATE AND DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031
(CRIME NO.267/2010 OF KUTTIPPURAM POLICE STATION)
2 RASEENA
AGED 37 YEARS, D/O.SAITHALAVI,
PALATHINKAL, THRIKANAPURAM PONNANI TALUK, MALAPPURAM
DISTRICT,
NOW RESIDING AT PALATHINGAL HOUSE,
ANGADI AMSOM DESOM, KUMARANALLUR.P.O-679552, PALAKKAD
DISTRICT
R2 BY ADV. BINU V V VEETTIL VALAPPIL
SRI.SANTHOSH PETER, 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.8124 OF 2019(E)
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ALEXANDER THOMAS, J.
Crl.M.C.No.8124of 2019
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Dated this the 19th day of November, 2019
ORDER
The petitioners herein have been arrayed as the accused in Annexure-
A1 FIR in Crime No.267/2010 of Kuttippuram Police Station, Malappuram,
registered for offences punishable under Secs.448, 341, 323, 498A read
with 34 of the Indian Penal Code, which led to the pendency of Annexure-
A2 final report in C.C.No.1980/2015 on the file of the Judicial First Class
Magistrate’s Court, Tirur. 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-
A3 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.
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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 Annexure-A1 FIR in Crime No.267/2010 of Kuttippuram Police
Station, Malappuram, which led to the pendency of Annexure-A2 final
Crl.MC.No.8124 OF 2019(E)
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report in C.C.No.1980/2015 on the file of the Judicial First Class
Magistrate’s Court, Tirur 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.8124 OF 2019(E)
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APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.267/2010
KUTTIPPURAM POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT IN CRIME
NO.267/2010 KUTTIPPURAM POLICE STATION
ANNEXURE A3 THE AFFIDAVIT DATED 12.11.2019 SWORN IN BY
THE 2ND RESPONDENT