IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE [ENTITY] THURSDAY, THE 28TH DAY OF NOVEMBER 2019 / 7TH AGRAHAYANA, 1941 Crl.MC.No.7967 OF 2019(E) CC 1149/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, MATTANCHERY [CASE NUMBER] OF Mattancherry Police Station , Ernakulam PETITIONERS/ACCUSED 1 TO4: 1 THANSEER P.L. @ ASHIQUE AGED 33 YEARS S/O. LATHEEF, RESIDING AT HOUSE NO.4/226-C, KARIPPALAM, MATTANCHERY, ERNAKULAM DISTRICT. 2 RAMLA M. H. AGED 53 YEARS W/O. LATHEEF, RESIDING AT HOUSE NO.4/226-C, KARIPPALAM, MATTANCHERY, ERNAKULAM DISTRICT. 3 JASNI NAJEEB AGED 31 YEARS W/O. NAJEEB, RESIDING AT HOUSE NO.4/226-C, KARIPPALAM, MATTANCHERY, ERNAKULAM DISTRICT. 4 NAJEEB AZEEZ AGED 37 YEARS S/O. AZEEZ, RESIDING AT HOUSE NO.4/226-C, KARIPPALAM, MATTANCHERY, ERNAKULAM DISTRICT. BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI RESPONDENTS/STATE & DEFACTO COMPLAINANT: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE STATION HOUSE OFFICER [ACT], ERNAKULAM DISTRICT - 681 002. [CASE NUMBER] 2 3 SHABNA AGED 25 YEARS D/O. ZAKARIYA, RESIDING AT MEPPARAMBU, PANANGADU, CHEPPANAM, ERNAKULAM DISTRICT - 682 506 BY ADV. SMT.SANGEETHA G. -R3 SRI.T.R.RENJITH, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: [CASE NUMBER] 3 [ENTITY], J. [CASE NUMBER] Dated this the 28th day of November, 2019 ORDER
The petitioners herein are the accused in the impugned Anx. A2 final report filed in Anx. A1 FIR in [CASE NUMBER] of Mattanchery Police Station in Ernakulam District, registered for offences punishable under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] of the [ACT], which has led to the institution of Calendar Case, [CASE NUMBER], on the file of Judicial First Class Magistrate Court, Mattanchery, on the basis of the complaint of the 3 rd respondent defacto complainant. It is stated that now the entire disputes between the petitioners and the 3 rd respondent defacto complainant have been settled amicably and that the 3rd respondent has sworn to Anx. A3 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 [CASE NUMBER] 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 [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.Anx. A2 final report filed in Anx. A1 FIR in [CASE NUMBER] of Mattanchery Police Station in Ernakulam District, which has led to the institution of Calendar Case, [CASE NUMBER], on the file of Judicial First Class Magistrate's Court, Mattanchery and all further proceedings arising therefrom pending against the accused persons will stand quashed.
The petitioners 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.
[ENTITY] JUDGE KAS APPENDIX PETITIONERS EXHIBITS:
ANNEXURE A1 THE TRUE COPY OF THE FIR IN [CASE NUMBER] OF [ACT] DATED 2.1.2018. ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT DATED 23.1.2018 IN [CASE NUMBER] OF [ACT]. ANNEXURE A3 THE AFFIDAVIT DATED 26.10.2019 SWORN IN BY THE THIRD RESPONDENT.