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Shibas vs Kerala State Rep. By Public … on 5 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941

Crl.MC.No.8666 OF 2019(C)

AGAINST CC 461/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
MANNARKAD

CRIME NO.95/2019 OF Nattukal Police Station, Palakkad

PETITIONERS:

1 SHIBAS,
AGED 32 YEARS
S/O.LATHEEF, MECHERIPARAMBU HOUSE, ELOOR NORTH,
UDYOGAMANDAL P.O., ERNAKULAM DISTRICT.

2 ANEESA,
AGED 51 YEARS
W/O.LATHEEF, MECHERIPARAMBU HOUSE, ELOOR NORTH,
UDYOGAMANDAL P.O., ERNAKULAM DISTRICT.

BY ADV. SMT.TEENA GEORGE

RESPONDENTS:

1 KERALA STATE REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2 SALMA MOL,
D/O.SHOUKKATHALI, AGED 24 YEARS, KORANAKATH
CHALIYATHODI HOUSE, PALAKAZHI, KARKKADAMKUNNU P.O.,
ALANALLOOR VILLAGE, MANNARKKAD TALUK, PALAKKAD
DISTRICT.

R2 BY ADV. PAUL VARGHESE

OTHER PRESENT:

SRI.SANTHOSH PETER, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8666/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No. 8666 of 2019
———————————————-
Dated this the 5th day of December, 2019

ORDER

The petitioners herein are accused 1 and 2 in the instant Crime

No.117/2019 of Nattukal Police Station, Palakkad District, which has been

registered for offence punishable under Sec. 498A of the SectionIPC, on the basis of a

complaint filed by the 2nd respondent/defacto complainant and which has led

to the institution of Annexure-A1 final report in C.C.No.461/2019 on the file of

the Judicial First Class Magistrate Court, Mannarkkad. It is stated that now

the entire disputes between the petitioners and the 2 nd respondent/defacto

complainant have been settled amicably and that the 2 nd respondent has

sworn to Anx-A4 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 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
Crl.M.C.No.8666/2019 3

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 affidavits 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

instant F.I.R in Crime No.117/2019 of Nattukal Police Station, Palakkad

District, which has led to the institution of Annexure-A1 Final Report in

C.C.No.461/2019 on the file of the Judicial First Class Magistrate Court,

Mannarkkad and all further proceedings arising therefrom pending against

the accused will stand quashed.

The petitioners will produce certified copy of this order before the

court below concerned as well as the Investigating officer concerned. The

office of the Advocate General will also forward a certified copy of this
Crl.M.C.No.8666/2019 4

order to the Investigating Officer concerned.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

sd/-

ALEXANDER THOMAS, JUDGE.

acd
Crl.M.C.No.8666/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 COPY OF FINAL CHARGE IN C.C.461/19 ON THE
FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, MANNARKKAD.

ANNEXURE A2 AFFIDAVIT SWORN BY THE SECOND RESPONDENT
SHOWING HIS WILLINGNESS TO SETTLE THE
MATTER.

True Copy

P.S. To Judge.

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