Kerala High Court
Nishad vs State Of Kerala on 3 April, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 3RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941
CRL.MC.NO. 2270 OF 2019
AGAINST THE ORDER/JUDGMENT IN CC 1615/2014 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,ATTINGAL
CRIME NO. 499/2014 OF PALLICKAL POLICE STATION ,
THIRUVANANTHAPURAM
PETITIONERS:
1 NISHAD, AGED 32 YEARS
S/O.MUHAMMED ILLIAZ, NAZEEBA MANZIL, MARUTHIKUNNU,
KADAVOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2 MUHAMMED ILLIAZ, AGED 66 YEARS.
S/O.MUHAMMED ISMAIL, NAZEEBA MANZIL, MARUTHIKUNNU,
KADAVOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
3 NADEENA BEEVI, AGED 54 YEARS.
S/O.MUHAMMED ISHA, NAZEEBA MANZIL, MARUTHIKUNNU,
KADAVOR VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.P.ANOOP (MULAVANA)
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682031.
2 NAJUMA BEEVI, AGED 24 YEARS,
D/O.LAILA BEEVI, VADAKKUM KARA VEEDU, KAPPAM VILA,
MARUTHIKUNNU, KUDAVOOR VILLAGE, VARKALA TALUK,
THIRUVANANTHAPURAM DISTRICT- 695141.
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1,
SRI.A.CHANDRA BABU FOR R2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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Crl.M.C. No. 2270 of 2019
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Dated this the 3rd day of April, 2019
ORDER
The petitioners herein are the accused in the impugned Anx.A-1 Final Report in C.C.No.1615/2014 on the file of JFCM-II, Attingal, which arised from Crime No.499/2014 of Pallickal Police Station, Thiruvananthapuram district, registered for offences punishable under Secs.498A r/w 34 of the IPC. It is stated that now the entire disputes between the petitioners and the 2nd respondent defacto complainant have been settled amicably and that the 2nd 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 appropriate cases involving even non-compoundable offences, Crl.M.C. No. 2270 / 2019 ..3..
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 Crl.M.C. No. 2270 / 2019 ..4..
the impugned Anx.A-1 Final Report in C.C.No.1615/2014 on the file of JFCM-II, Attingal, which arised from Crime No.499/2014 of Pallickal Police Station, Thiruvananthapuram district, and all further proceedings arising therefrom pending against the accused persons will stand quashed.
With these observations and directions, the Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE MMG Crl.M.C. No. 2270 / 2019 ..5..
APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN C.C.NO.1615/2014 PENDING BEFORE THE JFMC-II, ATTINGAL, THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT.