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Shajitha vs State Of Kerala on 18 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, 1941

Crl.MC.No.3753 OF 2016
CC 171/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
PERINTHALMANNA

CRIME NO.326/2012 OF KOLATHUR POLICE STATION , MALAPPURAM

PETITIONER/2ND ACCUSED:

SHAJITHA
D/O. HYDERKHAN, AGED 37 YEARS, POONTHOTTATHIL HOUSE,
PERINTHALMANNA P.O., MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS

RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLATHUR
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.

2 SAFARIYA
D/O. HYDRU, AGED 31 YEARS, CHOLAKKALTHODI HOUSE,
CHEMMALASSERY P.O., PULAMANTHOLE,
MALAPPURAM DISTRICT-679323.

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1,
SRI.SURAJ.S FOR R2

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
18.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3753 of 2016
2

ALEXANDER THOMAS, J.

Crl.M.C.No.3753 of 2016
———————————–
Dated this the 18th day of September, 2019

ORDER

The petitioner herein has been arrayed as accused No.2 in

Annexure-I FIR in Crime No.326/2012 of Kolathur Police Station,

Malappuram, which has been registered for offences punishable under

Secs.498A and 324 read with Sec.34 of the SectionIPC, which led to the institution

of Annexure-II final report in C.C.No.171/2013 on the file of the Judicial

First Class Magistrate Court-I, Perinthalmanna. It is stated that now the

entire disputes between the petitioner herein and the 2 nd respondent

de facto complainant have been settled amicably and has produced

Annexure-IV agreement before this Court, wherein it is stated that she has

settled the entire disputes with the petitioner and that she has 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 criminal

proceedings against her.

2. In a catena of decisions, the Apex Court has held that, in

appropriate cases involving even non-compoundable offences, the High
Crl.M.C.No.3753 of 2016
3

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-I FIR in Crime No.326/2012 of Kolathur Police

Station, Malappuram, which led to the institution of Annexure-II final

report in C.C.No.171/2013 on the file of the Judicial First Class Magistrate

Court-I, Perinthalmanna and all further proceedings arising therefrom

pending against the accused will stand quashed.
Crl.M.C.No.3753 of 2016
4

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
Crl.M.C.No.3753 of 2016
5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I TRUE COPY OF THE FIR IN CRIME NO.326/2012
IN KOLATHUR POLICE STATION DATED 23.10.2012

ANNEXURE II TRUE COPY OF THE FINAL REPORT IN CRIME NO
326/2012 IN KOLATHUR POLICE STATION DATED
22.01.2013

ANNEXURE III TRUE COPY OF THE DIVORCING LETTER DATED
10.04.2013

ANNEXURE IV TRUE COPY OF THE AGREEMENT DATED 07.11.2015

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