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.