M.A.Salam v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937 Crl.MC.No. 1781 of 2015 () --------------------------- LP 50/2001AND LP 15/2001 IN CC 90/1999 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI CRIME NO. 428/1998 OF MANJERI POLICE STATION, MALAPPURAM ------------------ PETITIONERS/ACCUSED 1 & 2 :

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1. M.A.SALAM, AGED 55 YEARS, S/O. AHMMAD MUSLIAR, MANNITHODIKA HOUSE, THRIPPANACHI P.O., MANJERI, MALAPPURAM DISTRICT.

2. VATTAPARAMBIL ABU MASTER, PULVETTA, P.O.KARUVARAKUNDU, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS/STATE AND DE-FACTO COMPLAINANT : ------------------------------------------------------------------------------

1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. IBRAHIM, AGED 45 YEARS, S/O. MOHAMMED (LATE), PUTHUPARAMBIL HOUSE, PULIYAMPPARA, MARAPALAM P.O - 600 541, GUDALLOOR, NILGIRI, TAMIL NADU.

R1 BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN R2 BY ADV. SRI.JITHIN LUKOSE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 1781 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- A1:

CERTIFIED COPY OF THE FIR IN CRIME NO. 428/1998 OF MANJERI POLICE STATION.

A2:

CERTIFIED COPY OF THE CHARGE SHEET IN CRIME NO. 428/1998 OF MANJERI POLICE STATION.

A3:

THE AFFIDAVIT DT. 07.2.15 SWORN IN BY THE 2ND RESPONDENT. A4:

TRUE COPY OF THE MEDICAL RECORDS RELATING TO THE WND RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 1781 of 2015 ================== Dated this the 27th day of July, 2015

O R D E R

The petitioners herein are the accused in the impugned Anx.A-2 final report/charge sheet filed in the impugned Anx.A-1 Crime No.428/1998 of Manjeri Police Station registered for offences punishable under Secs.420 read with Sec.34 of the I.P.C., at the instance of the 2nd respondent, which has led to the institution of L.Ps.No.15/2001 and 50/2001 in Calendar Case, C.C.No.90/1999 on the file of the Judicial First Class Magistrate's Court, Manjeri. It is stated that now the entire disputes between the petitioners and the 2nd respondent defacto complainant have been settled amicably and that the 2nd respondent has sworn to Anx.A-3 affidavit before this Court, wherein it is stated that he has settled the entire disputes with the petitioners and that he has no objection for quashment of the impugned criminal proceedings pending against the petitioners herein. It is in the light of these aspects that the petitioners have preferred the instant Crl.M.C. with the prayer to quash the

Crl.M.C.1781/15 - : 2 :- 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 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.

Crl.M.C.1781/15 - : 3 :- Anx.A-2 final report/charge sheet filed in the impugned Anx.A-1 Crime No.428/1998 of Manjeri Police Station, which has led to the institution of L.Ps.No.15/2001 and 50/2001 in Calendar Case, C.C.No.90/1999 on the file of the Judicial First Class Magistrate's Court, Manjeri, and all further proceedings arising therefrom pending against the petitioners herein stand quashed. With these observations and directions this Crl.M.C. stands finally disposed of.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge