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Tenny Xavier K.X vs State Of Kerala on 8 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940

Crl.MC.No. 6711 of 2017
AGAINST THE ORDER IN CC 1041/2016 OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE COURT, ERNAKULAM

CRIME NO. 481/2016 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM

PETITIONERS:

TENNY XAVIER K.X
S/O XAVIER, AGED 36 YEARS, KANNOTH HOUSE, TATAPURAM
PIPELINE, TATAPURAM P.O.AYYAPPANKAVU-18

BY ADV. SMT.ANU S NAIR

RESPONDENTS:
1 STATE OF KERALA
REP. BY PUBLIC PROSECCUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031

2 APARNA.J.
AGED 36 YEARS, 44/77, EDAYAKUNNAM, PANDIT KURUPPAN
ROAD, CHERANELLOOR- 682 037

BY ADVS.
SRI.BENOJ C AUGUSTIN
SMT.P.PARVATHY
SMT.SURYA P SHAJI
SRI.RAFEEK. V.K.
SRI.SAIJO HASSAN
SRI.U.M.HASSAN
SRI.VISHNU BHUVANENDRAN

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6711 of 2017
2

ALEXANDER THOMAS, J.

Crl.M.C.No.6711 of 2017

Dated this the 08th day of March, 2019

ORDER

The petitioner herein is the sole accused in the impugned

Anx.-II FIR Annexure III Charge Sheet in Crime No.481/2016 of

Ernakulam Town North Police Station, Ernakulam district,

registered for offences punishable under Sec. 498A, 325, 326, 506,

34 of the Indian Penal Code. In M.C.No.9/2016 the parties were

referred to mediation and all the disputes were settled as per

Annexure IV Memorandum of agreement under Sec.89 of the CPC

read with Rule 24 of the Civil Procedure (Alternative Dispute

Resolution) Rule, 2008 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 has 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, the
Crl.M.C.No.6711 of 2017
3

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 the 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.-II FIR Annexure III Charge Sheet in Crime

No.481/2016 of Ernakulam Town North Police Station, Ernakulam

district in C.C.No.1041/2016 and all further proceedings arising
Crl.M.C.No.6711 of 2017
4

therefrom pending against the petitioner will stand quashed.

With these observations and directions, the Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd/11.03.19
Crl.M.C.No.6711 of 2017
5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 TRUE COPY OF THE ORDER IN IA
NO.4263/2015 IN OP NO.2048/2015 DATED
24-11-2015

ANNEXURE II CERTIFIED COPY OF THE FIR IN CRIME
NO.481/2016 OF ERNAKULAM TOWN NORTH
POLICE STATION

ANNEXURE III CERTIFIED COPY OF THE CHARGE SHEET IN
CRIME NO.481/2016 ERNAKULAM TOWN POLICE
NORTH POLICE STATION IN CC NO.1041/2016
BEFORE THE ACJM, ERNAKULAM

ANNEXURE IV TRUE COPY OF THE MEMORANDUM OF
AGREEMENT UNDER SECTION 89 OF THE CPC
READ WITH RULE 24 OF THE CIVIL
PROCEDURE (ALTERNATIVE DISPUTE
RESOLUTION) RULE 2008

ANNEXURE V TRUE COPY OF THE ORDER DATED 19-11-2016
IN CMP NO.1607/2016 IN MC NO.9/2016

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