IN THE HIGH COURT OF KERALA AT ERNAKULAM
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 ,
CRIME NO.95/2019 OF Nattukal Police Station, Palakkad
AGED 32 YEARS
S/O.LATHEEF, MECHERIPARAMBU HOUSE, ELOOR NORTH,
UDYOGAMANDAL P.O., ERNAKULAM DISTRICT.
AGED 51 YEARS
W/O.LATHEEF, MECHERIPARAMBU HOUSE, ELOOR NORTH,
UDYOGAMANDAL P.O., ERNAKULAM DISTRICT.
BY ADV. SMT.TEENA GEORGE
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
R2 BY ADV. PAUL VARGHESE
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:
ALEXANDER THOMAS, J.
Crl.M.C.No. 8666 of 2019
Dated this the 5th day of December, 2019
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
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
order to the Investigating Officer concerned.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
ALEXANDER THOMAS, JUDGE.
ANNEXURE A1 COPY OF FINAL CHARGE IN C.C.461/19 ON THE
FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE
ANNEXURE A2 AFFIDAVIT SWORN BY THE SECOND RESPONDENT
SHOWING HIS WILLINGNESS TO SETTLE THE
P.S. To Judge.