IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE [ENTITY] FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941 [CASE NUMBER] [CASE NUMBER] OF Kothamangalam Police Station , Ernakulam PETITIONERS: 1 P.A.ALIYAR, AGED 67 YEARS S/O.ANTHRU, CHIRAPADY BHAGAM,PUTHUPPADY KARA, KOTHAMANGALAM. 2 P.A.ANAS, AGED 43 YEARS S/O.ALIYAR, CHIRAPADY BHAGAM, PUTHUPPADY KARA, KOTHAMANGALAM. BY ADVS. SRI.SOORAJ T.ELENJICKAL SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL SHRI.ASWIN KUMAR M J SMT.HELEN P.A. SRI.SHAHIR SHOWKATH ALI RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682 031. 2 MEERAN, S/O.MUHAMMED, AGED 49 YEARS, CHIRANGARA PUTHENPURAYIL HOUSE, CHIRAPADY BHAVAM, PUTHUPPADY KARA, KOTHAMANGALAM. R2 BY ADV. P.M.MAZNA MANSOOR SRI.T.R.RENJITH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 2 [ENTITY], J [CASE NUMBER] Dated this the 1st day of November 2019 O R D E R
The petitioners herein are accused Nos.1 and 2 in the impugned Anx- I FIR in [CASE NUMBER] of Kothamangalam Police Station, registered for offences punishable under [SECTION], [SECTION] and [SECTION] of the [ACT], and [SECTION] of the [ACT]. It is stated that now the entire disputes between the petitioners and the 2nd respondent defacto complainant has been settled amicably and that the 2nd respondent has sworn to an affidavit 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 [SECTION] of the [CASE NUMBER] [ACT], 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 [PRECEDENT] and [PRECEDENT], 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 [CASE NUMBER] of Kothamangalam Police Station, and all further proceedings arising therefrom pending against all the accused will stand quashed.
4. The petitioners will produce certified copies of this order to the Investigating Officer concerned and the competent court below concerned. Office of Advocate General will forward copy of this order to the [CASE NUMBER] Investigating Officer concerned, for necessary information.
With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of.
[ENTITY] Nsd JUDGE true copy PA to Judge [CASE NUMBER] APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE 1 TRUE CERTIFIED COPY OF THE FIRST INFORMATION REPORT LODGED BY THE POLICE IN
[CASE NUMBER] OF KOTHAMANGALAM POLICE STATION.
ANNEXURE 1(A) THE FIRST INFORMATION STATEMENT IN THE CRIME.