Kerala High Court
Prabhakaran M vs The State Of Kerala on 10 June, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941
Crl.MC.No. 3593 of 2019
AGAINST THE ORDER/JUDGMENT IN SC 229/2019 of ADDITIONAL DISTRICT
COURT & SESSIONS COURT - III, KASARAGOD
CRIME NO. 15/2019 OF Rajapuram Police Station , Kasargod
PETITIONER/S:
PRABHAKARAN M.,AGED 43 YEARS
S/O.MATHADI NAIK, RESIDING AT UTHIRAKULAM HOUSE,
RANIPURAM, PANATHADI VILLAGE, KASARAGOD DISTRICT.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
RESPONDENT/S:
1 THE STATE OF KERALA, THROUGH THE STATION HOUSE
OFFICER, RAJAPURAM POLICE STATION, KASARAGOD
DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 JAYANTHI K.V., W/O.PRABHAKARAN M., RESIDING AT
UTHIRAKULAM HOUSE, RANIPURAM, PANATHADI VILLAGE,
KASARAGOD DISTRICT, PIN - 671 532.
BY ADV. ABDUL LATHIEF P.N
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR FOR R1
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
==================
Crl.M.C.No.3593/2019 & Crl.M.A.No.
==================
Dated this the 10th day of June, 2019
ORDER
The petitioner herein is the sole accused in the impugned Anx.A-1 FIR in Crime No.15/2019 of Rajapuram Police Station, registered for offence punishable under Sec.436 of the on the basis of the complaint of the 2nd respondent defacto complainant. It is stated that now the entire disputes between the petitioner and the 2 nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx. A-3 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.
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 Crl.M.C.3593/19 - : 3 :-
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-1 FIR in Crime No.15/2019 of Rajapuram Police Station, and all further proceedings arising therefrom pending against the accused will stand quashed.
4. It is stated that the petitioner has been under judicial custody since 18.1.2019 in relation to the abovesaid crime. Since the Crl.M.C.3593/19 - : 4 :-
impugned criminal proceedings have been quashed by this Court on the basis of the settlement of the disputes between the petitioner and the defacto complainant, it is ordered that the petitioner shall be immediately released from judicial custody. The petitioner or the learned Prosecutor will communicate a copy of this order to the jail authorities concerned, who will then immediately release the petitioner.
The petitioner 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.3593/19 - : 5 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 THE TRUE CERTIFIED COPY OF THE FIR IN CRIME
NO.15/2019 OF RAJAPURAM POLICE STATION.
ANNEXURE A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT
IN CRIME NO.15/2019 OF RAJAPURAM POLICE
STATION.
ANNEXURE A3 THE AFFIDAVIT DATED 18/5/2019 SWORN IN BY THE
2ND RESPONDENT.