IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941
Crl.MC.No.7316 OF 2019(D)
AGAINST THE ORDER/JUDGMENT IN CC 602/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, ETTUMANOOR
CRIME NO.1486/2017 OF KIDANGOOR POLICE STATION, KOTTAYAM
PETITIONERS/ACCUSED NO. 1 AND 2:
1 SREEJITH.A.S
AGED 43 YEARS, S/O.AYYAPPAN PILLAI,
SREEDEEPAM HOUSE, MALAYEKADU ROAD, UDAYAMPEROOR.P.O.,
ERNAKULAM, PIN – 682307.
2 SHYAMALA PILLAI
AGED 65 YEARS, W/O.AYYAPPAN PILLAI,
SREEDEEPAM, MLA ROAD, AMBEDKAR JN.,
MALEKAD ROAD AR 99, UDAYAMPERUR – 682307.
BY ADVS.
SRI.JACOB CHACKO
SRI.THAMPAN THOMAS
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682031.
2 VEENA R.,
AGED 36 YEARS, D/O.RAJASEKHARAN PILLAI,
VYSAKHOM HOUSE, KUMMANNOOR, KIDANGOOR
KIDANGAOOR.P.O., KOTTAYAM, PIN – 683572.
R2 BY ADV. C.DEEPA
SRI.P.N.SUMODU, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7316 OF 2019(D)
2
ALEXANDER THOMAS, J.
Crl.M.C.No.7316 of 2019
———————————–
Dated this the 24th day of October, 2019
ORDER
The petitioners herein have been arrayed as accused Nos.1 2 in
Crime No.1486/2017 of Kidangoor Police Station, Kottayam, registered for
offences punishable under Secs.498A 34 of the Indian Penal Code, which
led to the institution of Annexure-A1 Charge Sheet in C.C.No.602/2018 on
the file of the Judicial First Class Magistrate’s Court, Ettumanoor. It is
stated that now the entire disputes between the petitioner herein and the
2nd respondent de facto complainant have been settled amicably and that
the 2nd respondent has sworn to Annexure-A2 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.MC.No.7316 OF 2019(D)
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 affidavit 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 Crime No.1486/2017 of Kidangoor Police Station, Kottayam,
which led to the institution of Annexure-A1 Charge Sheet in
Crl.MC.No.7316 OF 2019(D)
4
C.C.No.602/2018 on the file of the Judicial First Class Magistrate’s Court,
Ettumanoor and all further proceedings arising therefrom pending against
the accused will stand quashed.
4. The petitioners will produce certified copies of this order to the
Investigating Officer concerned and the competent court below concerned.
Office of Advocate General will forward a copy of this order to the
Investigating Officer concerned, for necessary information.
With these observations and directions, the above Criminal
Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd
Crl.MC.No.7316 OF 2019(D)
5
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE CHARGE SHEET DATED
26.1.2018 IN C.C.NO.602 OF 2018 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT, ETTUMANOOR.
ANNEXURE A2 AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT.