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.
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Crl.M.C. No. 3390 of 2019
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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
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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.
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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
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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.