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Shakkir Ummar vs Station House Officer on 3 June, 2019

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.

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