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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 18TH DAY OF MARCH 2019 / 27TH PHALGUNA, 1940
CRL.MC.NO. 1532 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 1116/2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I,HOSDRUG
CRIME NO. 762/2017 OF HOSDURG POLICE STATION , KASARGOD
PETITIONERS:
1 SHALUDEEN, AGED 29 YEARS,
S/O.ABDULLA,RESIDING AT NADIRA QUARTERS,
KOLAVAYAL, AJANOOR.P.O,
HOSDURG TALUK, KASARAGOD DISTRICT.
2 ABDULLA, AGED 54 YEARS,
S/O.MUHAMMED, RESIDING AT NADIRA QUARTERS,
KOLAVAYAL, AJANOOR.P.O,
HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.PUSHPARAJAN KODOTH
RESPONDENTS:
1 FATHIMA M., AGED 25 YEARS,
D/O.ABDUL SALAM, PARAPPALLI HOUSE,
PARAPPALLY, BELUR VILLAGE,
VELLARIKUNDU TALUK, KASARAGOD DISTRICT-671543.
2 STATE OF KERALA,
REPRESENTED BY THE DIRECTOR OF PUBLIC
PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM.
(CRIME NO.762/2017 OF HOSDURG POLICE STATION,
KASARAGOD DISTRICT).
SRI.ASWIN T. SURESH FOR R1,
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 18.03.2019, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
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ALEXANDER THOMAS, J.
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Crl.M.C. No. 1532 of 2019
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Dated this the 18th day of March, 2019
ORDER
The petitioners herein are the accused in the impugned
Anx.A FIR in Crime No.762/2017 of Hosdurg Police Station,
Kasaragod district, registered for offences punishable under
Secs.498A of the IPC. It is stated that now the entire disputes
between the petitioners and the 1 st respondent defacto
complainant have been settled amicably and that the 1st
respondent has sworn to Anx.D 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
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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
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that the impugned Anx.A FIR in Crime No.762/2017 of
Hosdurg Police Station, Kasaragod district and all further
proceedings arising therefrom pending against the accused
persons will stand quashed.
With these observations and directions, the Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
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APPENDIX
PETITIONERS’ EXHIBITS:
ANNEXURE A TRUE COPY OF FIR IN CRTME NO.762/2017 OF
HOSDURG POLICE STATION DATED 25.07.2017.
(4 PAGES)
ANNEXURE B TRUE COPY OF THE AFFIDAVIT FILED BY THE
1ST PETITIONER.
ANNEXURE C TRUE COPY OF THE AFFIDAVIT FILED BY THE
2ND PETITIONER.
ANNEXURE D TRUE COPY OF THE AFFIDAVIT FILED BY THE
1ST RESPONDENT.
