IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
Crl.MC.No. 965 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 1734/2017 of JUDICIAL
MAGISTRATE OF FIRST CLASS -I,HOSDRUG
CRIME NO. 761/2017 OF Hosdurg Police Station , Kasargod
PETITIONER/S:
1 SHAKKIR UMMAR, AGED 31 YEARS, S/O.UMMAR
(LATE),SAFREENA MANZIL, KURUNTHOOR,
PADANNAKKAD,KANHANGAD VILAGE, KASARAGOD DIST.
2 HALEEMA, AGED 54 YEARS
W/O.UMMAR (LATE),SAFREENA MANZIL, KURUNTHOOR,
PADANNAKKAD,KANHANGAD VILAGE, KASARAGOD DIST.
3 SHAMSUDHEEN, AGED 29 YEARS
S/O.UMMAR (LATE),SAFREENA MANZIL, KURUNTHOOR,
PADANNAKKAD,KANHANGAD VILAGE, KASARAGOD DIST.
BY ADV. SRI.C.K.SREEJITH
RESPONDENT/S:
1 STATION HOUSE OFFICER, HOSDURG POLICE STATION,
KASARAGOD DIST, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2 STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682 031
3 AYISHATH AFSEENA, D/O. HASAINAR, RESIDING AT
AFSEENA MANZIL, BADARIYANAGAR, KUMBALA, KOYIPADY
VILLAGE, MANJESWAR TALUK, KASARAGOD DIST.671 315
BY ADV. SRI.MURUGAN P.V.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No. 965 of 2019
Dated this the 3rd day of June, 2019
ORDER
The petitioners herein are the accused in the impugned Anx.A1
FIR in Crime No.761/2017 of Hosdurg Police Station, registered for
offences punishable under Sec.498A of the SectionI.P.C., which has led to the
institution of C.C.No. 1734/2017 on the file of the Judicial First Class
Magistrate’s Court-I, Hosdurg, Kasargod, based on the complaint of
the 3rd respondent defacto complainant. It is stated that now the
entire disputes between the petitioners and the 3 rd respondent
defacto complainant have been settled amicably and that the 3 rd
respondent has sworn to Anx. A-4 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
Crl.M.C.965/19 – : 3 :-
High 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 Anx.A1 FIR in Crime No.761/2017 of Hosdurg Police
Station, which has led to the institution of C.C.No. 1734/2017 on the
Crl.M.C.965/19 – : 4 :-
file of the Judicial First Class Magistrate’s Court-I, Hosdurg,
Kasargod and all further proceedings arising therefrom pending
against the accused persons will stand quashed.
The petitioners will produce certified copies of this order before
the investigating officer concerned and the competent court below
concerned. The office of the Advocate General will forward copy of
this order to the investigating officer concerned for information.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.965/19 – : 5 :-
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME
NO.761/2017 ON THE FILE OF HOSDURG POLICE
STATION, KASARAGOD DISTRICT.
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.761/2017 ON THE FILE OF HOSDURG
POLICE STATION, KASARAGOD DISTRICT.
ANNEXURE A3 THE CERTIFIED COPY OF THE MEMO OF EVIDENCE IN
CRIME NO.761/2017 ON THE FILE OF HOSDURG
POLICE STATION, KASARAGOD DISTRICT.
ANNEXURE A4 THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT.