IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941
CRL.MC.NO.8293 OF 2019(F)
CC 3129/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
PARAPPANANGADI
CRIME NO.1709/2014 OF PARAPPANGADI POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED 1 2:
1 VIBEESH, AGED 35 YEARS,
S/O PAROL VALSAN, PAROL HOUSE, NEDUVA AMSOM DESOM,
NEDUVA POST, PARAPPANANGADI, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.
2 BABY, AGED 58 YEARS,
W/O PAROL VALSAN, PAROL HOUSE, NEDUVA AMSOM DESOM,
NEDUVA POST, PARAPPANANGADI, TIRURANGADI TALUK,
MALAPPURAM DISTRICT.
BY ADV. SRI.K.P.SUDHEER
RESPONDENTS/STATE COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 018.
2 SANDRA, AGED 28 YEARS,
D/O BALAN.K.P, “SANDRAM”, KANIYAPURATHOOT,
PADINHATTUMURI AMSOM DESOM, KAKKODI POST,
KOZHIKODE DISTRICT, PIN-673 611.
3 STATION HOUSE OFFICER,
PARAPPANANGADI POLICE STATION,
MALAPPURAM DISTRICT, PIN-676 303.
SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1 AND R3
SRI.C.P.PEETHAMBARAN, ADVOCATE FOR R2.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C. No. 8293 of 2019
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Dated this the 25th day of November, 2019
ORDER
The petitioners herein are the accused Nos.1 2 in the
impugned Anx.A1 FIR in Crime No.1709/2014 of Parappanangadi
Police Station, Malappuram district, registered for offences
punishable under Secs.498A, 120B 34 of the SectionIPC, which has led
to the institution of Anx.A2 Final Report in C.C. No. 3129/2014 on
the file of the JFCM-I, Parappanangadi. It is stated that now the
entire disputes between the petitioners and the 2 nd respondent
defacto complainant have been settled amicably and that the 2 nd
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 aspects that the petitioners have preferred
the instant Crl.M.C. with the prayer to quash the impugned
criminal proceedings against them.
Crl.M.C. No. 8293 / 2019
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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
Crl.M.C. No. 8293 / 2019
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this case to consider the prayer for quashment.
3. Accordingly, it is ordered in the interest of justice that
the impugned Anx.A1 FIR in Crime No.1709/2014 of
Parappanangadi Police Station, Malappuram district, which has led
to the institution of Anx.A2 Final Report in C.C. No. 3129/2014 on
the file of the JFCM-I, Parappanangadi, and all further proceedings
arising therefrom pending against the accused persons will stand
quashed.
4. The petitioners 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. 8293 / 2019
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APPENDIX
PETITIONER’S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF FIRST INFORMATION
REPORT DATED 22.11.2014 IN CRIME NO
1709/2014 OF PARAPPANANGADI POLICE
STATION
ANNEXURE A2 CERTIFIED COPY OF FINAL REPORT DATED
19.12.2014 IN CRIME NO 1709/2014 OF
PARAPPANANGADI POLICE STATION
ANNEXURE A3 AFFIDAVIT DATED 30.10.2019 OF THE 2ND
RESPONDENT