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Sunil Kumar.R. vs State Of Kerala on 13 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940

Crl.MC.No. 69 of 2019

AGAINST THE ORDER/JUDGMENT IN CC 2798/2018 of JUDICIAL
MAGISTRATE OF FIRST CLASS -V, TVM (SPECIAL COURT-MARKLIST CASES)

CRIME NO. 545/2017 OF MANNANTHALA POLICE STATION ,
Thiruvananthapuram

PETITIONER/S:

SUNIL KUMAR.R., AGED 48 YEARS
S/O.M.RAJENDRAN, RESIDING AT ROHINI, SRA 203,
ANCHUMUKKU, MUTTADA, KUDAPPANAKUNNU VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN-695 025.

BY ADVS.
SRI.J.R.PREM NAVAZ
SUMIN.S

RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

2 ANUPA.L.M, AGED 38 YEARS, D/O.LEELA, RESIDING AT
ROHINI, ANCHUMUKKU, KUDAPPANAKUNNU VILLAGE, MUTTADA
P.O., THIRUVANANTHAPURAM TALUK, THIRUVANANTHAUPRAM
DISTRICT-695 025.

BY ADV. SRI.AJOY VENU

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1,
SRI.AJOY VENU FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

Crl.M.C.No. 69 of 2019

Dated this the 13th day of March, 2019
ORDER

The petitioner herein is the accused in the impugned Anx.A Final

Report in Crime No.545/2017 of Mannanthala Police Station, registered

for offences punishable under Secs.494 and 498A of the IPC, on the basis

of the complaint filed by the 2nd respondent defacto complainant, which

has led to the institution of C.C.No. 2798/2018 on the file of the Judicial

First Class Magistrate’s Court-V, Thiruvananthapuram. It is stated that

now the entire disputes between the petitioner and 2 nd respondent defacto

complainant have been settled amicably and that the 2 nd respondent has

sworn to Anx.B affidavit before this Court, wherein it is stated that she has

settled the entire disputes with the petitioner 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 haspreferred

the instant Crl.M.C. with the prayer to quash the impugned criminal

proceedings against him.

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

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
Crl.M.C.69/19 – : 3 :-

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

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.

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

impugned Anx.A Final Report in Crime No.545/2017 of Mannanthala

Police Station, which has led to the institution of C.C.No. 2798/2018 on

the file of the Judicial First Class Magistrate’s Court-V,

Thiruvananthapuram, and all further proceedings arising therefrom

pending against the petitioner will stand quashed.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.69/19 – : 4 :-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A: CERTIFIED COPY FINAL REPORT/CHARGE SHEET IN
CC NO.2798 OF 2018, PENDING ON THE FILES OF
THE JUDICIAL MAGISTRATE OF FIRST CLASS-V,
THIRUVANANTHAPURAM, AROSE FROM CRIME
NO.545/2016 OF MANNANTHALA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT./

ANNEXURE B: THE AFFIDAVIT SOLEMNLY AFFIRMED BY THE SECOND
RESPONDENT/DEFACTO COMPLAINANT.

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