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Shihabudheen vs State Of Kerala Represented By … on 20 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

Crl.MC.No.6543 OF 2019(G)

CRIME NO.219/2019 OF Nadapuram Police Station, Kozhikode

PETITIONERS/ACCUSED 1 TO 5:

1 SHIHABUDHEEN,AGED 30 YEARS
S/O.KUTTAYIL HJI, RESIDING AT VALIYA KUNNUMMEL VEEDU,
THUNERI.P.O, VADAKARA THALUK, KOZHIKODE DISTRICT, PIN-
673505

2 KUTTYALI HAJI,AGED 60 YEARS,W/O.LATE BHASKARAN PILLAI
RESIDING AT VALIYA KUNNUMMEL VEEDU, THUNERI.P.O, VADAKARA
THALUK, KOZHIKODE DISTRICT, PIN-673505

3 AASYA,AGED 50 YEARS,W/O.KUTTYALI HAJI, RESIDING AT VALIYA
KUNNUMMEL VEEDU, THUNERI.P.O, VADAKARA THALUK, KOZHIKODE
DISTRICT, PIN-673505

4 AYISHA,AGED 35 YEARS,W/O.SIDEEK, VALIYA KUNNUMMEL VEEDU,
THUNERI.P.O, VADAKARA THALUK, KOZHIKODE DISTRICT, PIN-
673505

5 ASMA,AGED 32 YEARS,W/O.NOUSHAD, VALIYA KUNNUMMEL VEEDU,
THUNERI.P.O, VADAKARA THALUK, KOZHIKODE DISTRICT, PIN-
673505

BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.
SMT.PARVATHY S.KRISHNAN
SHRI.MITHUN P.

RESPONDENTS:

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

2 NAJILA,AGED 23 YEARS,D/O.AMMED, RESIDING AT KOTTAVEETTIL
HOUSE, KOLAVALLUR AMSOM, DESAM, THOOVAKKUNNU.P.O,
THALASSERY THALUK, KANNUR DISTRICT, PIN-670692

R2 BY ADV. AJOY VENU

OTHER PRESENT:

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.09.2019, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6543/2019 2

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No.6543 of 2019
———————————————-
Dated this the 20th day of September, 2019

ORDER

The petitioners herein are the accused Nos.1 to 5 in the

impugned Annexure-A1 F.I.R. in Crime No.219/2019 of

Nadapuram Police Station, Kozhikode District, which has been

registered for offences punishable under Secs.323, 406, 498A and

34 of the SectionI.P.C on the basis of a complaint filed by the 2 nd

respondent/defacto complainant. 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-A-2 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
Crl.M.C.No.6543/2019 3

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 impugned Annexure-A1 F.I.R. in Crime No.219/2019 of

Nadapuram Police Station, Kozhikode District and all further

proceedings arising therefrom pending against the accused will stand
Crl.M.C.No.6543/2019 4

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.

Sd/-

ALEXANDER THOMAS, JUDGE.

acd
Crl.M.C.No.6543/2019 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY FIRST INFORMATION REPORT
IN CRIME NO.219/2019 OF NADAPURAM
POLICE STATION, KOZHIKODE RURAL
DISTRCT

ANNEXURE A2 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY
THE 2ND RESPONDENT/DEFACTO
COMPLAINANT

True Copy

P.S. To Judge.

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