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.