Kerala High Court
Lal vs State Of Kerala on 30 September, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941
Crl.MC.No.6733 OF 2019(B)
AGAINST THE ORDER/JUDGMENT IN CC 276/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II,ATTINGAL
CRIME NO.1682/2018 OF Mangalapuram Police Station ,
Thiruvananthapuram
PETITIONERS/ACCUSED 1 TO 3:
1 LAL
AGED 35 YEARS
S/O. GANGADHARAN,
MADHAVA VILASOM VEEDU,
EDAVILAKOM, MURUKKUMPUZHA,
VEILOOR VILLAGE,
THIRUVANANTHAPURAM - 695 302
2 GANGADHARAN
AGED 66 YEARS
S/O. MADHAVAN,
MADHAVA VILASOM VEEDU, EDAVILAKOM,
MURUKKUMPUZHA, VEILOOR VILLAGE,
THIRUVANANTHAPURAM - 695 302
3 SOMALATHA
AGED 59 YEARS
W/O. GANGADHARAN,
MADHAVA VILASOM VEEDU,
EDAVILAKOM, MURUKKUMPUZHA,
VEILOOR VILLAGE,
THIRUVANANTHAPURAM - 695 302
BY ADV. SRI.M.DINESH
Crl.M.C. No. 6733 of 2019
2
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031
2 THARA
AGED 32 YEARS
D/O. RAJENDRAN, KANAVILA VEEDU, VADASSERIKONAM,
OTTOOR VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM - 695 144
BY ADVS.
SRI.C.S.SUMESH FOR R2
SRI.T.R.RENJITH, PUBLIC PROSECUTOR FOR R1
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 30.09.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No. 6733 of 2019
3
ALEXANDER THOMAS, J.
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Crl.M.C. No. 6733 of 2019
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Dated this the 30th day of September, 2019
ORDER
The petitioners herein are the accused in the impugned Anx.A1 FIR in Crime No.1682/2018 of Mangalapuram Police Station, Thiruvananthapuram district, registered for offences punishable under Secs.498A and 34 of IPC, which has led to the institution of Anx.A2 Final report in C.C No.276/2019 on the files of JFCM-II, Attingal. It is stated that now the entire disputes between the petitioners and 2nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx.A4 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 Crl.M.C. No. 6733 of 2019 4 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 impugned Anx.A1 FIR in Crime No.1682/2018 of Mangalapuram Crl.M.C. No. 6733 of 2019 5 Police Station, Thiruvananthapuram district, which has led to the institution of Anx.A2 Final report in C.C No.276/2019 on the files of JFCM-II, Attingal, and all further proceedings arising therefrom pending against the accused persons will stand quashed.
4. The petitioners 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. 6733 of 2019 6 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE -A1 CERTIFIED COPY OF THE F.I.R. IN CRIME NO. 1682/2018 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE -A2 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO. 276/2019 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT- II, ATTINGAL WHICH AROSE FROM CRIME NO. 1682/2018 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE -A3 TRUE COPY OF THE MEMORANDUM OF AGREEMENT FILED IN O.P. NO. 1038/2018 ON THE FILE OF FAMILY COURT, ATTINGAL ANNEXURE -A4 NOTARY ATTESTED AFFIDAVIT OF 2ND RESPONDENT DATED 20.08.2019