Kerala High Court
Anshad vs State Of Kerala on 23 September, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 23RD DAY OF SEPTEMBER 2019 / 1ST ASWINA, 1941
Crl.MC.No.6557 OF 2019(H)
AGAINST THE ORDER/JUDGMENT IN CC 482/2016 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, ATTINGAL (TEMPORARY)
CRIME NO.1683/2015 OF Kilimanoor Police Station ,
Thiruvananthapuram
PETITIONER/S:
1 ANSHAD, AGED 25 YEARS, S/O HAMSA, CHARUVILA PUTHEN
VEEDU, VANDITHADAM, THATTATHUMALA, PAZHAYAKUNNUMEL
VILLAGE, THIRUVANANTHAPURAM DISTRICT
2 VISHNU SUBASH, AGED 25 YEARS, S/O. SUBASH BABU, KV
HOUSE, THATTATHUMALA, PAZHAYAKUNNUMEL VILLAGE,
THIRUVANANTHAPURAM DISTRICT
3 RAHUL @ CHANTHU, AGED 24 YEARS, S/O. RAVINDRAN
PILLAI, ARUNODAYAM, PARANDAKUZHI, PAZHAYAKUNNUMEL
VILLAGE, THIRUVANANTHAPURAM DISTRICT
4 SREEKUTTAN, AGED 24 YEARS, S/O PRADEEPKUMAR,
CHARUVILA VEEDU, PARANDAKUZHI, PAZHAYAKUNNUMEL
VILLAGE, THIRUVANANTHAPURAM DISTRICT
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031
2 SAKUNTHALA, D/O. PRABHAVATHI, CHARUVILA VEEDU,
PARANDAKUZHI, SWAMI MUKKU, PAZHAYAKUNNUMEL VILLAGE,
THIRUVANANTHAPURAM DISTRICT - 695 601
R2 BY ADV. A.CHANDRA BABU
OTHER PRESENT:
SRI.T.R.RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C.No. 6557 of 2019
==================
Dated this the 23rd day of September, 2019
ORDER
The petitioners herein are the accused in the impugned Anx.A-I FIR and final report/charge sheet filed in Crime No.1683/2015 of Kilimanoor Police Station, registered for offences punishable under Secs.294(b), 447, 452, 323, 354 & 34 of the I.P.C., which has led to the institution of C.C.No. 482/2016 on the file of the Judicial First Class Magistrate's Court-III, Attingal, on the basis of the complaint of the 2nd respondent defacto complainant. 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. A-2 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 Crl.M.C.6557/19 - : 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 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.A-I FIR and final report/charge sheet filed in Crime Crl.M.C.6557/19 - : 4 :-
No.1683/2015 of Kilimanoor Police Station, which has now led to the institution of C.C.No. 482/2016 on the file of the Judicial First Class Magistrate's Court-III, Attingal 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/-
sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.6557/19 - : 5 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CC 482/2016
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT-III, ATTINGAL
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND
RESPONDENT