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Thanseer P.L. @ Ashique vs The State Of Kerala on 28 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 28TH DAY OF NOVEMBER 2019 / 7TH AGRAHAYANA, 1941

Crl.MC.No.7967 OF 2019(E)

CC 1149/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY

CRIME NO.9/2018 OF Mattancherry Police Station , Ernakulam

PETITIONERS/ACCUSED 1 TO4:

1 THANSEER P.L. @ ASHIQUE
AGED 33 YEARS
S/O. LATHEEF, RESIDING AT HOUSE NO.4/226-C,
KARIPPALAM, MATTANCHERY, ERNAKULAM DISTRICT.

2 RAMLA M. H.
AGED 53 YEARS
W/O. LATHEEF, RESIDING AT HOUSE NO.4/226-C,
KARIPPALAM, MATTANCHERY, ERNAKULAM DISTRICT.

3 JASNI NAJEEB
AGED 31 YEARS
W/O. NAJEEB, RESIDING AT HOUSE NO.4/226-C,
KARIPPALAM, MATTANCHERY, ERNAKULAM DISTRICT.

4 NAJEEB AZEEZ
AGED 37 YEARS
S/O. AZEEZ, RESIDING AT HOUSE NO.4/226-C, KARIPPALAM,
MATTANCHERY, ERNAKULAM DISTRICT.

BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI

RESPONDENTS/STATE DEFACTO COMPLAINANT:

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.

2 THE STATION HOUSE OFFICER
MATTANCHERY POLICE STATION,
ERNAKULAM DISTRICT – 681 002.
Crl.M.C.No.7967 of 2019

2

3 SHABNA
AGED 25 YEARS
D/O. ZAKARIYA,
RESIDING AT MEPPARAMBU, PANANGADU,
CHEPPANAM, ERNAKULAM DISTRICT – 682 506

BY ADV.
SMT.SANGEETHA G. -R3
SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 28.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.7967 of 2019

3

ALEXANDER THOMAS, J.
————————————
Crl.M.C.No.7967 of 2019
————————————
Dated this the 28th day of November, 2019

ORDER

The petitioners herein are the accused in the impugned Anx. A2

final report filed in Anx. A1 FIR in Crime No. 9/2018 of Mattanchery

Police Station in Ernakulam District, registered for offences

punishable under Secs.323, 341, 498A, 406, 420, 506 read with

Section 34 of the IPC, which has led to the institution of Calendar

Case, C.C.No.1149/2018, on the file of Judicial First Class Magistrate

Court, Mattanchery, on the basis of the complaint of the 3 rd

respondent defacto complainant. It is stated that now the entire

disputes between the petitioners and the 3 rd respondent defacto

complainant have been settled amicably and that the 3rd respondent

has sworn to Anx. A3 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
Crl.M.C.No.7967 of 2019

4

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 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
Crl.M.C.No.7967 of 2019

5

quashment.

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

impugned Anx.Anx. A2 final report filed in Anx. A1 FIR in Crime No.

9/2018 of Mattanchery Police Station in Ernakulam District, which

has led to the institution of Calendar Case, C.C.No.1149/2018, on the

file of Judicial First Class Magistrate’s Court, Mattanchery and all

further proceedings arising therefrom pending against the accused

persons will stand quashed.

The petitioners will produce certified copies of this order

before the 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
KAS
Crl.M.C.No.7967 of 2019

6

APPENDIX
PETITIONERS EXHIBITS:

ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME
NO.9/2018 OF MATTANCHERY POLICE STATION
DATED 2.1.2018.

ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT DATED
23.1.2018 IN CRIME NO.9/2018 OF
MATTANCHERY POLICE STATION.

ANNEXURE A3 THE AFFIDAVIT DATED 26.10.2019 SWORN IN
BY THE THIRD RESPONDENT.

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