High Court of KeralaCrl.MC/2171/2015disposed of

Shanmughasundaram v. The State Of Kerala

2015-06-09Honourable Mr. Justice Alexander Thomas5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Crl.MC.No. 2171 of 2015 () --------------------------- CC.NO.1369/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOLLAM FIR NO. 1116/2010 OF KILIKOLLUR POLICE STATION, KOLLAM -------------- PETITIONERS/ACCUSED :

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1. SHANMUGHASUNDARAM, AGED 75, S/O.K.S.MANICKAVASAGOM, PARTNER, NITHIN ENTERPRISES 2 F - 3, A.S.S.S. ROAD, VIRUDHUNAGAR RESIDING AT 345, KATTABHOMAN STREET VIRUDHUNAGAR - 626 001.

2. CHANDRIKA RAGHAVAN, AGED 48, W/O.RAGHAVAN, PARTNER, NITHIN ENTERPRISES 2 F - 3, A.S.S .S. ROAD VIRUDHUNAGAR, RESIDING AT 2 F - 3, A.S.S.S. ROAD VIRUDHUNAGAR -626 001, TAMILNADU.

BY ADV. SRI.R.RAJESH (PULLIKADA) RESPONDENTS/STATE :

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

2. V.JUSHAR S/O.VISWAMBARAN, SOUPARNIKA, MANGAD P.O.

KOLLAM - 691 015.

R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-

Crl.MC.No. 2171 of 2015 () -------------------------------------- APPENDIX PETITIONERS' ANNEXURES :

-------------------------------------------- ANNEXURE-I:

THE CERTIFIED COPY OF F.I.R NO.1116/10 DATED 10.11.2010 OF KILIKOLLUR POLICE STATION.

ANNEXURE-II:

THE CERTIFIED COPY OF THE FINAL REPORT/CHARGE SHEET. ANNEXURE-III:

THE ORIGINAL OF UNDERTAKING GIVEN BY 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 2171 of 2015 ================== Dated this the 9th day of June, 2015

O R D E R

The petitioners herein are accused Nos.1 and 2 in the impugned Anx.1 FIR in Crime No.1116/2010 of Kilikollur Police Station registered for offences punishable under Secs.420 and 34 of the I.P.C., which has led to the institution of C.C.No.1369/2010 on the file of the Judicial First Class Magistrate's Court-I, Kollam. 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 filed Anx.III undertaking before this Court, wherein it is stated that he has settled the entire disputes with the petitioners and that he has no objection in the 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.

In a catena of decisions, the Apex Court has held that, in

Crl.M.C.2171/15 - : 2 :- 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. Accordingly, it is ordered in the interest of justice that the impugned Anx.1 FIR in Crime No.1116/2010 of Kilikollur Police Station, which has led to the institution of C.C.No.

Crl.M.C.2171/15 - : 3 :- Judicial First Class Magistrate's Court-I, Kollam, and all further proceedings arising therefrom pending against the petitioners 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