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Sulfi vs State Of Kerala on 1 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941

Crl.MC.No.6271 OF 2019(D)

AGAINST LP 24/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, NILAMBUR

CRIME NO.1391/2015 OF NILAMBUR POLICE STATION, MALAPPURAM

PETITIONER/ACCUSED:

SULFI
AGED 47 YEARS
S/O.KABEER, SUNI NIVAS, MADANVILA HOUSE, PERUMATHURA,
THIRUVANANTHAPURAM-695 303.

BY ADVS.
SRI.N.SASI
SMT.T.M.BINITHA

RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 011.

2 SHAMSHEEJAN,
AGED 37 YEARS
D/O.HAMZA, PILAYITHODIKA HOUSE, KEERTHIPADI,
MANALODI, NILAMBUR, MALAPPURAM-676 504.

3 THE STATION HOUSE OFFICER,
NILAMBUR POLICE STATION, MALAPPURAM-676 504.

SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
01-11-2019, THE COURT ON 01-11-2019 PASSED THE FOLLOWING:
Crl.M.C. No.6271 of 2019
2

ALEXANDER THOMAS, J.

Crl.M.C. No.6271 of 2019

Dated this the 1st day of November, 2019

ORDER

The petitioner herein has been arrayed as the sole accused in

Annexure-A1 FIR FIS in Crime No.1391/2015 of Nilambur Police Station,

Malappuram, registered for offences punishable under Secs.498A 406 of

the Indian Penal Code, which led to the pendency of Annexure-A2 final

report in L.P.No.24/2019 on the file of the Judicial First Class Magistrate’s

Court, Nilambur. 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 and the petitioner have

entered into Annexure-A3 agreement of settlement and that she has no

objection for quashment of the impugned criminal proceedings pending

against the petitioner. It is in the light of these aspects that the petitioner

has preferred the instant Crl.M.C. with the prayer to quash the impugned

criminal proceedings against him.

Crl.M.C. No.6271 of 2019
3

2. Though notice has been duly served on R-2, there is no

appearance for that party. The learned Public Prosecutor was also

requested to get instructions and is submitted that the Investigating Officer

has conducted an enquiry and taken the statement of R-2, wherein she has

now stated that she has settled the entire disputes with the

petitioner/accused and that she has no objection for the quashment of the

impugned criminal proceedings in the instant case.

3. 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
Crl.M.C. No.6271 of 2019
4

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.

4. Accordingly, it is ordered in the interest of justice that the

impugned Annexure-A1 FIR FIS in Crime No.1391/2015 of Nilambur

Police Station, Malappuram, which led to the pendency of Annexure-A2

final report in L.P.No.24/2019 on the file of the Judicial First Class

Magistrate’s Court, Nilambur and all further proceedings arising therefrom

pending against the accused will stand quashed.

5. The petitioner 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.M.C. No.6271 of 2019
5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO.1391/2015 OF NILAMBUR POLICE STATION
DATED 26.11.2015.

ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1391/2015 DATED 23.04.2016.

ANNEXURE A3 TRUE COPY OF THE AGREEMENT OF SETTLEMENT
DATED 04.10.2017.

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