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Sihab C.H vs Unknown on 5 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Crl.MC.No. 2670 of 2019
TO QUASH FINAL REPORT IN CRIME NO.1188/2016 OF CHAVAKKAD POLICE
STATION, THRISSUR DISTRICT, PENDING ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, CHAVAKKAD AS C.C.2793/2016

CRIME NO. 1188/2016 OF CHAVAKKAD POLICE STATION , THRISSUR

PETITIONERS/ACCUSED NOS.1 TO 3:

1 SIHAB C.H.
AGED 36 YEARS
S/O. HAMEED UNNI, CHALIL HOUSE, KADAPPURAM P.O,
CHAVAKKAD, THRISSUR, KERALA, INDIA.

2 AACHU,
AGED 56 YEARS
W/O. HAMEED UNNI, CHALIL HOUSE, KADAPPURAM P.O,
CHAVAKKAD , THRISSUR, KERALA, INDIA.

3 SHEJEENA,
AGED 35 YEARS
D/O. HAMEED UNNI, CHALIL HOUSE, KADAPPURAM,
CHAVAKKAD, THRISSUR, KERALA, INDIA.

BY ADV. SRI.SUMODH MADHAVAN NAIR

RESPONDENTS/STATE COMPLAINANT

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031

2 SAJIYA
AGED 29 YEARS, D/O. VALLIYAKATHU VEETTIL KOYA,
NANDALAMKUNNU P.O, PUNAYANNOOR VILLAGE,
CHAVAKKAD TALUK, THRISSUR DISTRICT.

SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1
SRI. A.N.SATHISH KUMAR FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2670 of 2019
2

ALEXANDER THOMAS, J.

Crl.M.C.No.2670 of 2019

Dated this the 05th day of April, 2019

ORDER

Petitioners herein are the accused Nos.1, 2 3 in the impugned

Annx.A-1 FIR in Crime No.1188/2016 of Chavakkad Police Station,

Thrissur District, registered for offences punishable under Secs.406, 498A

r/w Sec.34 of the IPC, which has led to the institution of Annx.A2 Final

Report in C.C.No.2793/2016 on the file of the Judicial First Class

Magistrate Court, Chavakkad. It is stated that now the entire disputes

between the petitioners and the 2nd respondent/de facto complainant have

been settled amicably and that the 2nd respondent has sworn to Annx.A-4

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.

Crl.M.C.No.2670 of 2019
3

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

Cr.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 Gian Singh v. State of

Punjab reported in 2013 (1) SCC (Cri) 160 (2012) 10 SCC 303 and

Narinder 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 Annx.A-1 FIR in Crime No.1188/2016 of Chavakkad Police

Station, Thrissur District, which has led to the institution of Annx.A2 Final

Report in C.C.No.2793/2016 on the file of the Judicial First Class
Crl.M.C.No.2670 of 2019
4

Magistrate Court, Chavakkad and all further proceedings arising therefrom

pending against all the accused will stand quashed.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd
Crl.M.C.No.2670 of 2019
5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR IN CRIME NO.

1188/2016 OF CHAVAKKAD POLICE STATION DATED
2.7.2016

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT
SUBMITTED BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHAVAKKAD IN C.C. NO.

2793/2016 AND DATED 18.7.2016.

ANNEXURE A3 TRUE COPY OF MEDIATION AGREEMENT DATED
2.3.2019 ENTERED INTO BETWEEN THE FIRST
PETITIONER AND 2ND RESPONDENT BEFORE THE
MEDIATION CENTRE, THRISSUR.

ANNEXURE A4 THE ORIGINAL AFFIDAVIT SWORN BY THE 2ND
RESPONDENT/DEFACTO COMPLAINANT DATED
2.3.2019.

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