SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sooraj.S 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. 2680 of 2019
TO QUASH FINAL REPORT IN CC NO.52/2014 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,THRISSUR

CRIME NO. 1739/2013 OF CHERPU POLICE STATION , THRISSUR

PETITIONER/ACCUSED:

SOORAJ.S
AGED 44 YEARS
S/O.SATHASHEELAN, MADAKKAVIL(H), INCHAMUDY VILLAGE,
THEVAR ROAD, THRISSUR DISTRICT.

BY ADV. SRI.THOMAS J.ANAKKALLUNKAL

RESPONDENTS/STATE COMPLAINANT

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

2 THE SUB INSPECTOR OF POLICE
CHERPU POLICE STATION, THRISSUR DISTRICT-680561.

3 LIMISHA
AGED 35 YEARS
D/O.SHANMUGHAN, MENOTHPARAMBIL HOUSE, MANALUR PO,
THRISSUR-680617.

SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1 AND R2,
SRI.BAIJU A.JOSEPH FOR R3

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.2680 of 2019
2

ALEXANDER THOMAS, J.

Crl.M.C.No.2680 of 2019

Dated this the 05th day of April, 2019

ORDER

The petitioner herein is the sole accused in the impugned Annx.A-1

Final Report in Crime No.1739/2013 of Cherpu Police Station, Thrissur

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

the IPC, which has led to the institution of C.C.No.52/2014 on the file of

the Judicial First Class Magistrate Court-I, Thrissur. It is stated that now

the entire disputes between the petitioner and the 3rd respondent/de facto

complainant have been settled amicably and that the 3 rd respondent has

sworn to Annx.A-2 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, in

appropriate cases involving even non-compoundable offences, the High

Court can quash prosecution by exercise of the powers under Sec.482 of the
Crl.M.C.No.2680 of 2019
3

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 Final Report in Crime No.1739/2013 of Cherpu Police

Station, Thrissur District, which has led to the institution of

C.C.No.52/2014 on the file of the Judicial First Class Magistrate Court-I,

Thrissur and all further proceedings arising therefrom pending against the

accused will stand quashed.

Crl.M.C.No.2680 of 2019
4

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd
Crl.M.C.No.2680 of 2019
5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CC
NO.52/2014 ON T EH FILES OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT I, THRISSUR

ANNEXURE A2 NOTARIZED AFFIDAVIT SWORN IN BY THE 3RD
RESPONDENT

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation