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Sreejith.A.S vs State Of Kerala on 24 October, 2019

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)

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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)

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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)

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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.

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