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.1217 OF 2019(B)
CC 333/2018 DATED 20-04-2018 OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE , THALASSERY
CRIME NO.978/2017 OF Edakkad Police Station , Kannur
PETITIONER/S:
1 SUDHEESH, AGED 34 YEARS, S/O.PUTHUKUDI DASAN,
SREE SUDHINAM, THAZHEKANDI.P.O.
ERUVATTY, KANNUR DISTRICT.
2 PUTHUKUDI DASAN, AGED 67 YEARS, S/O.KRISHAN,
SREE SUDHINAM.P.O., ERUVATTY, KANNUR DISTRICT.
3 KOMALAVALLY, AGED 55 YEARS
W/O.PUTHUKUDI DASAN.P.O.ERUVATTY, KANNUR DISTRICT.
4 SREESHMA, AGED 30 YEARS
D/O.PUTHUKUDI DASAN, P.O.ERUVATTY, KANNUR
DISTRICT.
BY ADVS.
SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
SRI.PRAJIT RATNAKARAN
RESPONDENT/S:
1 SNIJA P.K.,AGED 26 YEARS, D/O.SAJEEVAN, JEEVANAS,
CHERUMAVILAYI, MAVILAYI, EDAKKAD, KANNUR-670663.
2 THE STATE OF KERALA, REPRESENTED BY THE STATION
HOUSE OFFICER, EDAKKAD POLICE STATION, KANNUR,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 BY ADV. SRI.MANU.M.THOMAS
R1 BY ADV. SRSectionI.P.C.ANIL KUMAR
R1 BY ADV. SRI.K.ROOPESH
OTHER PRESENT:
SRI.B.JAYASURYA, PUBLIC PROSECUTOR FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No.1217 OF 2019(B)
ALEXANDER THOMAS, J.
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Cl.M.C.No.1217 Of 2019
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Dated this the 20th day of September, 2019.
ORDER
The petitioners herein are the accused Nos.1 to 4 in the
impugned Anx-1 Final Report in Crime No.978/2017 of Edakkad
Police Station, Kannur District, registered for offences punishable
under Sec.498A of the SectionI.P.C, which has been registered on the basis of
the complaint of the 1st respondent/de facto complainant and which
has led to the institution of C.C.No.333/2018 on the file of the
Additional Chief Judicial Magistrate Court, Thalassery. The
1st respondent is the wife of the 1 st petitioner (A-1). The prosecution
allegation is that after the marriage of the above spouses, the accused
persons have treated the lade defacto complainant with physical and
mental cruelty and demanded more dowry. It is stated that now the
entire disputes between the petitioners and the 1 st respondent/de
facto complainant have been settled amicably and that the 1 st
respondent has sworn to Anx-5 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
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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 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
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Crl.MC.No.1217 OF 2019(B)
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 Anx-1 Final Report in Crime No.978/2017 of Edakkad
Police Station, Kannur District, which has led to the institution of
C.C.No.333/2018 on the file of the Additional Chief Judicial
Magistrate Court, Thalassery and all further proceedings arising
therefrom pending against the accused will stand quashed.
The petitioners will produce certified copies of this order
before the Investigating Officer concerned as well as the court
below concerned for necessary information. 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.
bkn/-
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Crl.MC.No.1217 OF 2019(B)
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FIR IN
CC.333/2018.
ANNEXURE 2 TRUE COPY OF THE LETTER ISSUED BY THE
FAMILY WELFARE COMMITTEE
ANNEXURE 3 CERTIFIED COPY OF THE ORDER OF THE
SESSIONS COURT, THALASSERY DATED
17/04/2018 IN CRL.M.C.470/2018.
ANNEXURE 4 TRUE COPY OF THE ORDER IN
CMP.2525/2018 IN CC.333/2018 OF THE
ACJM COURT, THALASSERY DATED
20/04/2018.
ANNEXURE 5 TRUE COPY OF THE AFFIDAVIT SWORN BY THE
1ST RESPONDENT.