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Judgments of Supreme Court of India and High Courts

Suresh Kumar vs State Of Kerala on 9 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

CRL.MC.NO.6935 OF 2019(F)

CRIME NO.1125/2017 OF PANDALAM POLICE STATION, PATHANAMTHITTA

PETITIONER/ACCUSED:

SURESH KUMAR, AGED 50 YEARS,
S/O. SIVARAMA PILLAI, THUNDATHIL THARAVADU VEEDU,
KADAKKAD NORTH MURI, KURAMPALA, PANDALAM,
PATHANAMTHITTA – 689502.

BY ADV. SMT.LEKSHMI P. NAIR

RESPONDENTS/COMPLAINANT STATE:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2 DEEPA SURESH KUMAR, AGED 36 YEARS,
W/O. SURESH KUMAR, THUNDATHIL THARAVADU VEEDU,
KADAKKAD NORTH MURI, KURAMPALA, PANDALAM,
PATHANAMTHITTA – 689502.

3 STATION HOUSE OFFICER
PANDALAM POLICE STATION, PATHANAMTHITTA.

SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1 R3
SRI.I.SREEHARI, ADVOCATE FOR R2.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 6935 of 2019
————————————
Dated this the 9th day of October, 2019

ORDER

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

FIR in Crime No.1125/2017 of Pandalam Police Station,

Pathanamthitta district, registered for offences punishable under

Sec.498A of the SectionIPC. It is stated that now the entire disputes

between the petitioner and the 2nd respondent defacto

complainant have been settled amicably and that the

2nd respondent has sworn to Anx.A III 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 have preferred

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,
Crl.M.C. No. 6935 / 2019

..3..

the High Court can quash prosecution by exercise of the powers

under Sec.482 of the 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

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 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
Crl.M.C. No. 6935 / 2019

..4..

the impugned Anx.A I FIR in Crime No.1125/2017 of Pandalam

Police Station, Pathanamthitta district and all further proceedings

arising therefrom pending against the accused will stand quashed.

4. The petitioner will produce certified copies of this order

before Investigating Officer concerned and the competent court

below concerned. The office of the Advocate General will forward

copy of this order to the Investigating Officer concerned for

information.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

MMG
Crl.M.C. No. 6935 / 2019

..5..

APPENDIX
PETITIONER’S EXHIBITS:

ANNEXURE A I COPY OF THE FIR IN CRIME NO.1125/2017
OF PANDALAM POLICE STATION ALONG WITH
THE COMPLAINT.

ANNEXURE A II COPY OF THE ORDER BA 3811/17 DATED
09.06.2017.

ANNEXURE A III A TRUE COPY OF THE AFFIDAVIT SWORN BY
THE RESPONDENT NO.2 ENDORSING THE
FACTUM OF COMPOUNDING OF THE SAID
OFFENSES AND THE SETTLEMENT OF THE
DISPUTES.

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