Kerala High Court
Shahul Hameed vs State Of Kerala on 29 October, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941
Crl.MC.No.7459 OF 2019(B)
AGAINST CC 272/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS
IRINJALAKUDA
CRIME NO.1981/2015 OF Irinjalakuda Police Station , Thrissur
PETITIONERS/ACCUSED PERSONS 1 TO 4:
1 SHAHUL HAMEED,AGED 41 YEARS
S/O. NISMAILUDHEEN, PALAYAMKOTTU HOUSE, PERINGALA
DESOM, KUNNATHUKAD VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
2 DEEPAK,AGED 39 YEARS
S/O. ASOKAN, KUNDIL HOUSE, ANURULI DESM, PULLUR P.O.
PULLUR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT.
3 ADHUL RASHEED,
AGED 33 YEARS
S/O. RAHIM, IRIPPAKKOTTIL HOUSE, PERINGALA P.O.
ADHIKARI MOOLA, KANNTAHUNADU, ERNAKULAM DISTRICT.
BY ADV. SRI.N.L.BITTO
RESPONDENTS/STATE OF KERALA AND THE COMPLAINANT:
1 STATE OF KERALA
REP. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
ERNAKULAM 682 031.
2 ABDUL JLEEL
S/O. KAJA HUSSAIN, PALAYAMKOTTU HOUSE, KOOTHUPARAMBA
DESOM, IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT 680 713.
R2 BY ADV. JITHIN BABU A
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.7459/2019 2
ALEXANDER THOMAS, J.
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Crl.M.C.No.7459 of 2019
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Dated this the 29th day of October, 2019
ORDER
The petitioners herein are accused 1 to 4 in the impugned Anx-I FIR in Crime No.1981/2015 of Irinjalakuda Police Station, Thrissur District, which has been registered for offences punishable under Secs.448, 341, 323 and 34 of the I.P.C on the basis of a complaint filed by the 2nd respondent/defacto complainant and which has led to the institution of Annex-II final report in C.C.No.272/2016 on the file of the Judicial First Class Magistrate Court, Irinjalakuda. 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 2nd respondent has sworn to Anx-III affidavit before this Court, wherein it is stated that he has settled the entire disputes with the petitioners and that he 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 Crl.M.C.No.7459/2019 3 appropriate cases involving even non-compoundable offences, the 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 affidavits 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 FIR in Crime No.1981/2015 of Irinjalakuda Police Station, Thrissur District, which has led to the institution of Annex-II final report in C.C. No.272/2016 on the file of the Judicial First Class Crl.M.C.No.7459/2019 4 Magistrate Court,Irinjalakuda and all further proceedings arising therefrom pending against the accused will stand quashed.
The petitioners will produce certified copy of this order before the court below concerned as well as the Investigating officer concerned. The office of the Advocate General will also forward a certified copy of this order to the Investigating Officer concerned.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
sd/-
ALEXANDER THOMAS, JUDGE acd Crl.M.C.No.7459/2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE 1 A TRUE COPY OF THE FIR IN CRIME NO.
1981 OF 2015 DATED 28/12/2015 OF THE
IRINJALAKUDA POLICE STATION.
ANNEXURE II A TRUE COPY OF THE FINAL REPORT IN
CRIME NO. 1981 OF 2015, OF THE
IRINJALAKUDA POLICE STATION DATED
11/1/2016.
ANNEXURE III AN AFFIDAVIT FILED BY THE 2ND
RESPONDENT DATED 25/10/2019 REGARDING
SETTLEMENT.
True Copy
P.S. To Judge.