SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sudheesh vs Snija P.K. on 20 September, 2019

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:
::2::
Crl.MC.No.1217 OF 2019(B)

ALEXANDER THOMAS, J.
—————————–
Cl.M.C.No.1217 Of 2019
———————————
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
::3::

Crl.MC.No.1217 OF 2019(B)

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
::4::

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/-

::5::

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.

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