Kerala High Court
Suresh A @ Suresh Kumar vs Unknown on 13 November, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941
Crl.MC.No.7947 OF 2019(C)
CRIME NO.1057/2019 OF Mararikulam Police Station , Alappuzha
PETITIONERS:
1 SURESH A @ SURESH KUMAR
AGED 52 YEARS,
S/O.APPUKUTTAN, KRIPA NIVAS, MUHAMMA.P.O,
MARARIKKULAM, ALAPPUZHA
2 SIJU BABU,
AGED 32 YEARS,
S/O.BABU, APPEES PARAMBU, PANAVALLY.P.O.,
THRICHATTUKULAM, CHERTHALA, ALAPPUZHA
3 ABHAY BINU
AGED 17 YEARS
MINOR, REPRESENTED BY HIS MOTHER/GUARDIAN BEENAMOL,
NOOTTUPARAVELI, S.N.PURAM.P.O, KANJIKUZHI, ALAPPUZHA.
4 PRASHANTH
AGED 17 YEARS,
REPRESENTED BY HIS MOTHER/GUARDIAN SANDHYA, RESIDING
AT HARIJAN COLONY, KATTUKADA, MUHAMMA.P.O,
MARARIKULAM, ALAPPUZHA
5 PAUL,AGED 17 YEARS,
MINOR, REPRESENTED BY HIS FATHER/GUARDIAN SURESH
KUMAR.A, KRIPA NIVAS, MUHAMMA.P.O, MARARIKKULAM,
ALAPPUZHA.
6 AMAL DEV
AGED 17 YEARS,
MINOR REPRESENTED BY HIS MOTHER/GUARDIAN PREMALATHA,
RESIDING AT PUTHUVAL VELI, KALAVOOR.P.O, ALAPPUZHA.
BY ADVS.
SRI.ABDUL JALEEL.A
SMT.M.A.SULFIA
RESPONDENT/STATE & DEFACTO COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
Crl.MC.No.7947 OF 2019
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2 SUB INSPECTOR OF POLICE,
MARARIKKULAM POLICE STATION,
ALAPPUZHA DISTRICT-688 523
3 SREEDEVI
AGED 44 YEARS
W/O.SHAJI, KADAKOMPALLY HOUSE, MAYITHARA P.O,
KANJIKUZHI P/W 7, MARARIKULAM, ALAPPUZHA,
KERALA-688 523
4 HARIMURALI
AGED 17 YEARS,
S/O.SHAJI, MINOR, REPRESENTED BY SREEDEVI WHO IS
THE MOTHER AND GUARDIAN, RESIDING AT KADAKOMPALLY
HOUSE, MAYITHARA .P.O, KANJIKUZHI P/W 7,
MARARIKULAM, ALAPPUZHA, KERALA-688 523
5 SREE HARI
AGED 22 YEARS,
S/O.SHAJI, RESIDING AT KADAKOMPALLY HOUSE,
MAYITHARA.P.O, KANJIKUZHI P/W 7, MARARIKULAM,
ALAPPUZHA, KERALA-688 524
6 KALADEVI
AGED 39 YEARS
W/O.VENUNATH, RESIDING AT DEVINATHANA, MARUTHOR
VATTOM.P.O, CMC-14, ALAPPUZHA, KERALA-688 524
R3-6 BY ADV. A.E.ALIYAR
SMT.MAYA M.N., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.7947 OF 2019
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ALEXANDER THOMAS, J.
=================
Crl.M.C. No.7947 of 2019
-----------------------------------
Dated this the 13th day of November, 2019
ORDER
Petitioners herein are accused Nos.1 to 6 in the impugned Anx-A1 FIR in Crime No.1057/2019 of Mararikulam Police Station, Alappuzha District, registered for offences punishable under Secs.323, 324, 341, 354, 326, 34 of the Indian Penal Code. It is stated that now the entire disputes between the petitioners and the respondents 3 to 6 defacto complainants have been settled amicably and that the respondents 3 to 6 have sworn to Anxs.A2 to A5 affidavits before this Court, wherein it is stated that they have settled the entire disputes with the petitioners and that they have 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 Crl.MC.No.7947 OF 2019 4 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-A1 FIR in Crime No.1057/2019 of Mararikulam Police Station, Alappuzha District and all further proceedings arising therefrom pending against all the accused will stand quashed.
The petitioner will produce certified copies of this order to the Crl.MC.No.7947 OF 2019 5 Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward copy of this order to the Investigating Officer concerned, for necessary information.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE mpm Crl.MC.No.7947 OF 2019 6 APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.1057/2019 OF MARARIKKULAM POLICE STATION, ALAPPUZHA DISTRICT.
ANNEXURE A2 THE TRUE COPY OF THE AFFIDAVIT FILED BY RESPONDENT NO.3/DEFACTO COMPLAINANT.
ANNEXURE A3 THE TRUE COPY OF THE AFFIDAVIT FILED BY RESPONDENT NO.4.
ANNEXURE A4 THE TRUE COPY OF THE AFFIDAVIT FILED BY RESPONDENT NO.5.
ANNEXURE A5 THE TRUE COPY OF THE AFFIDAVIT FILED BY RESPONDENT NO.6.
// TRUE COPY// P.A. TO JUDGE