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Shameem Mubashir Abdulla vs State Of Kerala on 24 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941

Crl.MC.No. 3553 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 217/2015 of JUDICIAL MAGISTRATE
OF FIRST CLASS ,PERAMBRA

PETITIONER/S:
1 SHAMEEM MUBASHIR ABDULLA, AGED 38 YEARS
S/O KUJNA ABDULLA, RESIDING AT MEHANDHI HOUSE,
ERAVATTUR P.O.PERAMBRA, KOZHIKODE DISTRICT-673 525

2 P.M. BEEVI, AGED 59 YEARS
W/O KUJNA ABDULLA, RESIDING AT MEHANDHI HOUSE,
ERAVATTUR P.O.PERAMBRA, KOZHIKODE DISTRICT-673 525

3 SHABEER ASHFAQUE ABDULLA,
AGED 37 YEARS, S/O KUJNA ABDULLA, RESIDING AT
MEHANDHI HOUSE, ERAVATTUR P.O.PERAMBRA, KOZHIKODE
DISTRICT-673 525

BY ADV. SRI.T.SHIHABUDHEEN
RESPONDENT/S:
1 STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682 031.

2 THE STATION HOUSE OFFICER, PERAMBRA POLICE STATION,
KOZHIKODE DISTRICT-673 525.

3 SUJAKUMARI RAJAN ALIAS SUJASANA, AGED 34 YEARS
D/O M.RAJAN, RESIDING AT SUJA NIVAS, KALMANDAPAM,
KUNNATHUMEDU P.O.PALAKKAD DISTRICT-678 013.

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1
AND R2, SRI.BINISH MATHEW FOR R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 3553 of 2019

Dated this the 24th day of May, 2019
ORDER

The petitioners herein are the accused in the impugned Anx.A-1

FIR in Crime No.68/2015 of Perambra Police Station, registered for

offences punishable under Secs.498A, 406 read with Sec.34 of the

SectionI.P.C., which has led to the institution of C.C.No. 217/2015 on the file

of the Judicial First Class Magistrate’s Court-I, Perambra, Kozhikode

district, on the basis of the complaint of the 3 rd respondent defacto

complainant. It is stated that now the entire disputes between the

petitioner and the 3rd respondent defacto complainant have been

settled amicably and that the 3rd respondent has sworn to Anx. A-3

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.3553/19 – : 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.A-1 FIR in Crime No.68/2015 of Perambra Police

Station, which has led to the institution of C.C.No. 217/2015 on the
Crl.M.C.3553/19 – : 4 :-

file of the Judicial First Class Magistrate’s Court-I, Perambra,

Kozhikode district, 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.3553/19 – : 5 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 A TRUE COPY OF THE FIR NO 68/2015 OF
PERAMBRA POLICE STATION DATED 23.1.2015

ANNEXURE A2 A TRUE COPY OF THE THE CHARGE SHEET IN
CALENDAR CASE NO 217/2015 OF THE HON/BLE
J.F.C M COURT-1 PERAMBRA KOZHIKODE

ANNEXURE A3 A TRUE COPY OF THE MARRIAGE DISSOLUTION
SETTLEMENT DEED DATED 27.12.2018

ANNEXURE A4 A TRUE COPY OF THE AFFIDAVIT SWORN BY THIRD
RESPONDENT DATED 12.3.2019

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