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Shanavas.K vs The State Of Kerala on 30 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 30TH DAY OF MAY 2019 / 9TH JYAISHTA, 1941

CRL.MC.NO. 3390 OF 2019

AGAINST THE ORDER/JUDGMENT IN CC 664/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II,PERINTHALMANNA

CRIME NO. 153/2018 OF MANKADA POLICE STATION , MALAPPURAM

PETITIONER/ACCUSED:

SHANAVAS.K, AGED 41 YEARS,
S/O. LATE UNNEENKUTTY, KODITHODI HOUSE,
MORAYUR P.O, MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 THE SUB INSPECTOR OF POLICE
MANKADA POLICE STATION,
MALAPPURAM DISTRICT, PIN-679324.

3 NISHA HUSSAIN,
D/O. HUSSAIN, AGED 29 YEARS, THODENGAL HOUSE,
ANGADIPPURAM (VIA) ARIPRA POST, PERINTHALMANNA
TALUK, MALAPPURAM DISTRICT, PIN-679321.

SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1 AND R2,
SRI.K.S.PRAVEEN, ADVOCATE FOR R3

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 3390 of 2019
————————————
Dated this the 30th day of May, 2019

ORDER

The petitioner herein is the accused in the impugned Anx.A

Final Report in C.C.No.664/2018 on the file of JFCM-II,

Perinthalmanna, which arose from Crime No.153/2018 of

Mankada Police Station, Malappuram district, registered for

offences punishable under Secs.498A 406 of the SectionIPC. It is

stated that now the entire disputes between the petitioner and the

3rd respondent defacto complainant has been settled amicably and

that the 3rd respondent has sworn to Anx.B affidavit 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 him.

2. In a catena of decisions, the Apex Court has held that,
Crl.M.C. No. 3390 / 2019

..3..

in appropriate cases involving even non-compoundable offences,

the 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.
Crl.M.C. No. 3390 / 2019

..4..

3. Accordingly, it is ordered in the interest of justice that

the impugned Anx.A Final Report in C.C.No.664/2018 on the file

of JFCM-II, Perinthalmanna, which arose from Crime

No.153/2018 of Mankada Police Station, Malappuram district, and

all further proceedings arising therefrom pending against the

accused will stand quashed. The petitioner will produce certified

copies of this order before 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 Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

MMG
Crl.M.C. No. 3390 / 2019

..5..

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.153/2018 OF THE MANKADA
POLICE STATION.

ANNEXURE B TRUE COPY OF THE AFFIDAVIT SWORN TO BY
THE 3RD RESPONDENT DATED 29.4.2019.

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