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Swaminathan vs Rajani.R on 5 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Crl.MC.No. 2696 of 2019

AGAINST THE ORDER IN CC 23/2019 of JUDICIAL MAGISTRATE OF FIRST
CLASS , MANNARKAD

CRIME NO. 119/2018 OF SHOLAYAR POLICE STATION , PALAKKAD

PETITIONERS/ACCUSED NOS.1 TO 5:

1 SWAMINATHAN,
AGED 37 YEARS,
S/O KANDAMUTHAN, THENARI, KAMBAMKUDAM HOUSE,
ELAPPULLI, PALAKKAD.

2 PARVATHY,
AGED 70 YEARS,
W/O. KANDAMUTHAN, THENARI, KAMBAMKUDAM HOUSE,
ELAPPULLI, PALAKKAD.

3 AMBIKA,
AGED 45 YEARS,
W/O ARJUNAN, THENARI, KAMBAMKUDAM HOUSE, ELAPPULLI,
PALAKKAD.

4 SAHADEVAN,
AGED 35 YEARS,
S/O. KANDAMUTHAN, THENARI, KAMBAMKUDAM HOUSE,
ELAPPULLI, PALAKKAD.

5 ARJUNAN,
AGED 50 YEARS,
THENARI, KAMBAMKUDAM HOUSE, ELAPPULLI, PALAKKAD.

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENTS/DE FACTO COMPLAINANT AND STATE:

1 RAJANI.R.,
AGED 32 YEARS,
D/O RAMAKRISHNAN, NEDUMPALLIL VEEDU, KOZHIKKOODAM,
PALAKKAD-678 533.

2 STATE OF KERALA,
Crl.MC.No.2696 of 2019

-:2:-

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.

BY ADV. SRI.UNNI SEBASTIAN KAPPEN

OTHER PRESENT:
SRI.UNNI SEBASTIAN KAPPEN FOR R1, SRI.AMJAD ALI,
PUBLIC PROSECUTOR FOR R2

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2696 of 2019

-:3:-

ALEXANDER THOMAS, J.

Crl.M.C. No.2696 of 2019
———————————–
Dated this the 5th day of April, 2019

ORDER

The petitioners herein are accused Nos.1 to 5 in the impugned Anx-I

Final Report in Crime No.119/2018 of Sholayar Police Station, Palakkad

district, registered for offences punishable under Secs.143, 147, 323, 447,

506(ii), 294(b) and 498A read with Sec.149 of the Indian Penal Code,

which has led to the institution of C.C. No.23 of 2019 on the file of the

Judicial First Class Magistrate Court, Mannarkkad. It is stated that now

the entire disputes between the petitioner and the 1st respondent de facto

complainant have been settled amicably and that the 1 st respondent has

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

settled the entire disputes with the petitioners and that she has no

objection for quashment of the impugned criminal proceedings pending

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

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

criminal proceedings against them.

2. In a catena of decisions, the Apex Court has held that, in

appropriate cases involving even non-compoundable offences, the High
Crl.MC.No.2696 of 2019

-:4:-

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

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-I Final Report in Crime No.119/2018 of Sholayar Police

Station, Palakkad district, which has led to the institution of C.C. No.23 of

2019 on the file of the Judicial First Class Magistrate Court, Mannarkkad

and all further proceedings arising therefrom pending against the accused

will stand quashed.

Crl.MC.No.2696 of 2019

-:5:-

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

Sd/-

ALEXANDER THOMAS
JUDGE
vgd
Crl.MC.No.2696 of 2019

-:6:-

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FINAL IN
C.C.NO.23/2019 ON THE FILE OF THE COURT OF
JUDICIAL FIRST CLASS MAGISTRATE,
MANNARKKAD.

ANNEXURE B AFFIDAVIT SWORN BY THE IST RESPONDENT

HEREIN EVIDENCING THE AFORESAID SETTLEMENT.

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