Kerala High Court
Minu David vs State Of Kerala on 7 November, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
Crl.MC.No.7745 OF 2019(G)
CC 67/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL
CRIME NO.387/2012 OF Kadinamkulam Police Station ,
Thiruvananthapuram
PETITIONER/ACCUSED:
MINU DAVID,
AGED 50 YEARS
S/O.JOSE BHAI, PUTHUVAL HOUSE,
PUTHENTHOPE DESOM, MENAMKULAM VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS/STATE & CW1:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERLA, ERNAKULAM.
2 ALPHONSIYA JEMY,
AGED 58, D/O.MARY PERIERA, SKY LARK,
PUTHENTHOPE DESOM, MENAMKULAM VILLAGE,
CHITTATTUMUKKU, THIRUVANANTHAPURAM,
PIN CODE - 695 301.
BY ADV.
A.K.RAJESH-R2
SRI.E.C.BINEESH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 7745 of 2019
2
ALEXANDER THOMAS, J.
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Crl.M.C. No. 7745 of 2019
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Dated this the 7th day of November, 2019
ORDER
The petitioner herein is the accused in the impugned Anx.A FIR in Crime No.387/2012 of Kadinamkulam Police Station, Thiruvananthapuram district, registered for offences punishable under Secs.188, 294(b), 323, 324, 447, 427 and 354 of the IPC, which has led to the institution of Anx.B Final report in C.C No.67/2013 on the file of the Judicial First Class Magistrate-I, Attingal. It is stated that now the entire disputes between the petitioner and 2 nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx.C affidavit before this Court, wherein it is stated that she has settled the entire disputes with the petitioner and that she has no objection for quashment of the impugned criminal proceedings pending against the petitioner. It is in the light of these aspects that the petitioner has preferred the instant Crl.M.C. with the prayer to quash the impugned criminal proceedings against him.
Crl.M.C. No. 7745 of 20193
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 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 Crl.M.C. No. 7745 of 2019 4 impugned Anx.A FIR in Crime No.387/2012 of Kadinamkulam Police Station, Thiruvananthapuram district, which has led to the institution of Anx.B Final report in C.C No.67/2013 on the file of the Judicial First Class Magistrate-I, Attingal and all further proceedings arising therefrom pending against the accused will stand quashed.
4. The petitioner 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 Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE KAS Crl.M.C. No. 7745 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME NO.387/2012 OF KADINAMKULAM POLICE STATION.
ANNEXURE B CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.387/2012 OF KADINAMKULAM POLICE STATION.
ANNEXURE C AFFIDAVIT EXECUTED BY THE 2ND
RESPONDENT/CW1.