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Sujesh Nair vs State Of Kerala on 5 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941

Crl.MC.No.8663 OF 2019(C)

AGAINST CC 2409/2014 COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS-
1,PARAPPANANGADI

CRIME NO.716/2014 OF Tanur Police Station , Malappuram

PETITIONERS/ACCUSED:

1 SUJESH NAIR,AGED 38 YEARS
S/O ACHUTHANKUTY NAIR, A11, GCDAHIG FLAT, KARSHAKA
ROAD, KADAVANTHRA, ERNAKULAM, NOW RESIDING AT AUM
VRINDAVAN, ATHIPOTTA P.O., NEAR UNION BANK OF INDIA,
PALAKKAD – 678 544.

2 SREEDEVI NAIR,AGED 64 YEARS
W/O ACHUTHANKUTY NAIR, A11, GCDAHIG FLAT, KARSHAKA
ROAD, KADAVANTHRA, ERNAKULAM, NOW RESIDING AT AUM
VRINDAVAN, ATHIPOTTA P.O., NEAR UNION BANK OF INDIA,
PALAKKAD – 678 544.

3 ACHUTHANKUTTY NAIR,AGED 73 YEARS
S/O PARAMESHWARAN NAIR, A11, GCDAHIG FLAT, KARSHAKA
ROAD, KADAVANTHRA, ERNAKULAM, NOW RESIDING AT AUM
VRINDAVAN, ATHIPOTTA P.O., NEAR UNION BANK OF INDIA,
PALAKKAD – 678 544.

4 AJESH NAIR T.,AGED 40 YEARS
S/O ACHUTHANKUTY NAIR, A11, GCDAHIG FLAT, KARSHAKA
ROAD, KADAVANTHRA, ERNAKULAM, NOW RESIDING AT AUM
VRINDAVAN, ATHIPOTTA P.O., NEAR UNION BANK OF INDIA,
PALAKKAD – 678 544.

BY ADVS.
SRI.K.ANAND
SRI.M.R.NANDAKUMAR
SRI.BENNY ANTONY PAREL
SRI.T.M.MUHAMED HAFEES

RESPONDENTS/STATE DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682 031.
Crl.M.C.No.8663/2019 2

2 LIJI,
AGED 32 YEARS
D/O RAMACHANDRAN NAIR, KAVUPARAMBIL VEEDU, OZHUR
P.O., TANALUR VILLAGE, MALAPPURAM .

R2 BY ADV. K.P.SUDHEER

OTHER PRESENT:

SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.8663/2019 3

ALEXANDER THOMAS, J.
——————————————-
Crl.M.C.No. 8663 of 2019
———————————————-
Dated this the 5th day of December, 2019

ORDER

The petitioners herein are the accused in the impugned Anx-A2 FIR in

Crime No.716/2014 of Tanur Police Station, Malappuram District, which has

been registered for offences punishable under Secs.406, 498A, 506(ii) 418

and 84 of the SectionIPC, on the basis of a complaint filed by the 2 nd

respondent/defacto complainant and which has led to the institution of

Annexure-A1 final report in C.C.No.2409/2014 on the file of the Judicial First

Class Magistrate Court-1, Parappanagadi. It is stated that now the entire

disputes between the petitioners and the 2 nd respondent/defacto complainant

have been settled amicably and that the 2 nd respondent has sworn to Anx-A4

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.

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.8663/2019 4

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 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-A2 FIR in Crime No.716/2014 of Tanur Police Station,

Malappuram District, which has led to the institution of Annexure-A1 Final

Report in C.C.No.2409/2014 on the file of the Judicial First Class Magistrate

Court-1, Parappanagadi and all further proceedings arising therefrom

pending against the accused will stand quashed.

The petitioners will produce certified copy of this order before the

court below concerned as well as the Investigating officer concerned. The
Crl.M.C.No.8663/2019 5

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.

acd
Crl.M.C.No.8663/2019 6

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.

716/23014 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, PARAPPANANGADI.

ANNEXURE A2 TRUE COPY OF THE FIR NO.716/2014 OF THE
TANUR POLICE STATION.

ANNEXURE A3 TRUE COPY OF THE AGREEMENT DATED 22-11-

2019.

ANNEXURE A4 TRUE COPY OF THE AFFIDAVIT DATED 04-12-

2019.

True Copy

P.S. To Judge.

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