Deepak.C.S vs. The State Of Kerala - Kerala High Court, 08 August 2019

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 08TH DAY OF AUGUST 2019 / 17TH SRAVANA, 1941 Crl.MC.No.5618 OF 2019(B) CRIME NO.953/2019 OF Thoppumpady Police Station , Ernakulam PETITIONER/ACCUSED: DEEPAK.C.S.,AGED 30 YEARS SON OF SRI.E.K.SHAJI, RESIDENT OF 43/38A,CHANGANATH HOUSE, AYYAPPANKAVU, KOCHI-682 018 BY ADVS. SRI.ANIL S.RAJ RAJANI.K.N SRI.RADHIKA RAJASEKHARAN P. RESPONDENTS/STATE AND COMPLAINANT: 1 THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-682 031 2 BISMI P NOUSHAD,AGED 24 YEARS DAUGHTER OF NOUSHAD, JUNIOR CLERK, STATE GOODS AND SERVICES TAX DEPARTMENT, 11/732,NEAR BABUL JANNATH MASJID,THOPPUMPADUY, KOCHI-682 005 R2 BY ADV. ANILA PETER OTHER PRESENT: SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR FOR R1, SRI.ANILA PETER FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.5618/2019 2 ALEXANDER THOMAS, J. ------------------------------------------- Crl.M.C.No.5618 of 2019 ---------------------------------------------- Dated this the 8th day of August, 2019

ORDER The petitioner herein is the accused in the impugned Anx-A1 FIR in Crime No.953/2019 of Thoppumpady Police Station, Ernakulam District, registered for offence punishable under Secs.120(o) and 119 (b) of I.P.C, which has been registered on the basis of a complaint filed by the 2nd respondent/defacto complainant. It is stated that now the entire disputes between the petitioner and the 2nd respondent/defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx-A2 affidavit before this Court, wherein it is stated that she has settled the entire disputes with the petitioner and that she has 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.

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 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 affidavits 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.

Accordingly, it is ordered in the interest of justice that the impugned Anx-A1 FIR in Crime No.953/2019 of Thoppumpady Police Station, Ernakulam District and all further proceedings pending before the Hon'ble Judicial First Class Magistrate Court-II, Kochi arising therefrom pending against the accused will stand quashed. The petitioner will produce certified copy of this order before the court below concerned as well as the Investigating officer concerned. The office of the Advocate General will also forward a certified copy of this order to the Investigating Officer concerned. With these observations and directions, the above Criminal Miscellaneous Case stands finally disposed of. ALEXANDER THOMAS, JUDGE. acd APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-A1 CERTIFIED COPY OF FIR IN CRIME 953 OF 2019 OF THE THOPPUMPADYU POLICE STATION DATED 18.05.2019 ANNEXURE-A2 AFFIDAVIT OF THE 2ND RESPONDENTP.S. TO JUDGE.