Kerala High Court
Mukundhan Unni K vs State Of Kerala on 29 May, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941
Crl.MC.No. 6774 of 2018
CRIME NO. 244/2018 OF MANCHERRY POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
MUKUNDHAN UNNI K.
AGED 60 YEARS
S/O. GANGADHARAN NAIR,
CHANDHANAM HOUSE, 22ND MILES,
MANJERI P.O., MALAPPURAM DISTRICT
BY ADV. SRI.SOJAN MICHEAL
RESPONDENTS/STATE & AGGRIEVED:
1 STATE OF KERALA
S.I. OF POLICE, MANCHERRY POLICE STATION),
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI - 682 031
2 MOOCHITHODAN ABDURAHIMAN
AGED 49 YEARS
S/O. MUHAMMED, KOLOTHURMTHODI HOUSE,
PULPATTA, MALAPPURAM DISTRICT 676123
3 JASEELA,
W/O. MOOCHITHODAN ABDURAHIMAN,
AGED 36 YEARS, KOLOTHURMTHODI HOUSE,
PULPATTA, MALAPPURAM DISTRICT 676123.
SRI.AMJAD ALI, PUBLIC PROSECUTOR FOR R1,
SMT.JENCY MICHEAL FOR R2 AND R3
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 6774 of 2018
2
ALEXANDER THOMAS, J.
=================
Crl.M.C. No.6774 of 2018
-----------------------------------
Dated this the 29th day of May, 2019
ORDER
Petitioner herein is the sole accused in the impugned Anx-I FIR in Crime No.244/2018 of Mancherry Police Station, Malappuram district, registered for offences punishable under Secs.7 & 8 of the POCSO Act, 2012. It is stated that now the entire disputes between the petitioner and the 2nd and 3rd respondents defacto complainants, who are the parents of the victim have been settled amicably and that the 2 nd and 3rd respondents have sworn to Anxs.-AII & AIII affidavits before this Court, wherein it is stated that they have settled the entire disputes with the petitioner and that they have 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 Crl.MC.No. 6774 of 2018 3 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-I FIR in Crime No.244/2018 of Mancherry Police Station, Malappuram district and all further proceedings arising therefrom pending against the accused will stand quashed. The petitioner will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward Crl.MC.No. 6774 of 2018 4 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 vgd Crl.MC.No. 6774 of 2018 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE FIR NO. CRIME NO 212/2015 OF MANCHERRY POLICE STATION DATED 16.5.18 ANNEXURE II THE AFFIDAVIT DATED 26.9.2018 SWORN BY THE 2ND RESPONDENT.
ANNEXURE III THE AFFIDAVIT DATED 26.9.2018 SWORN BY THE 3RD RESPONDENT.