Kerala High Court
Arun vs State Of Kerala on 14 March, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 14TH DAY OF MARCH 2019 / 23RD PHALGUNA, 1940
Crl.MC.No. 2004 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 822/2017 of JUDICIAL MAGISTRATE
OF FIRST CLASS, ATTINGAL (TEMPORARY)
CRIME NO. 1560/2016 OF CHIRAYINKEEZHU POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS/1 TO 3 ACCUSED:
1 ARUN
AGED 29 YEARS
S/O.ASHOKAN, EANJAYIL VEEDU,
PALAKUNNU SARKKARA VILLAGE, TRIVANDRUM.
2 AGASTHI
EANJAYIL VEEDU, PALAKUNNU SARKKARA VILLAGE,
TRIVANDRUM.
BY ADV. SRI.M.R.SARIN
RESPONDENTS/STATE, DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE
CHIRAYINKIYIL,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2 APARNA
AGED 22 YEARS
D/O.ANILKUMAR APARNA BHAVAN,
THEVARUKUNNU, IDAMAN VILLAGE KOLLAM 690 001
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1, SRI.V.VINAR
FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2004 of 2019
2
ALEXANDER THOMAS, J.
=================
Crl.M.C. No.2004 of 2019
-----------------------------------
Dated this the 14th day of March, 2019
ORDER
The petitioners herein are accused Nos.1 and 3 in the impugned Anx-A2 FIR in Crime No.1560/2016 of Chirayinkeezhu Police Station, Trivandrum district, registered for offences punishable under Secs.406, 420 and 498(A) read with Section 34 of the Indian Penal Code. 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.A5 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 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 Crl.MC.No. 2004 of 2019 3 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.A2 FIR in Crime No.1560/2016 of Chirayinkeezhu Police Station, Trivandrum district, which has lead to the institution of Anx-A3 Final Report in C.C. No.822/2017 on the files of the Temporary Judicial First Class Magistrate Court, Attingal, and all further proceedings arising therefrom pending against the accused Nos.1 and 3 will stand quashed.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE vgd/15.03.2019 Crl.MC.No. 2004 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF CMP NO.918/16 FILED BY THE 2ND RESPONDENT BEFORE JFCM COURT-111-
ATTINGAL
ANNEXURE A2 THE TRUE OF COPY OF THE FIR IN CRIME
NO.1560/16 OF CHIRAYINKIYIL POLICE STATION,
TRIVANDRUM
ANNEXURE A3 TRUE COPY OF FINAL REPORT IN CRIME
NO.1560/16 OF CHIRAYINKIYIL POLICE STATION
1
ANNEXURE A4 THE TRUE COPY OF OP(HMA) NO.782/2018 ON THE
FILE OF THE FAMILY COURT, ATTINGAL
ANNEXURE A5 AFFIDAVIT SWORN BY THE 2ND RESPONDENT
BEFORE THE HONBLE HIGH COURT OF KERALA