Nissamudeen v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 Crl.MC.No. 4685 of 2015 ------------------------------------- C.C.NO.989/2013 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM F.I.R NO. 241/2013 OF MEDICAL COLLEGE POLICE STATION , THIRUVANANTHAPURAM -------------------- PETITIONER(S)/ACCUSED 1 & 2 :

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1. NISSAMUDEEN, AGED 37 YEARS, S/O.ABDUDEEN, T.C.49/255(1), KNRA - 85(A), KALLATTUMUKKU, KAMALESWARAM, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.

2. NASILA, AGED 32 YEARS, W/O.NISSAMUDEEN, T.C.49/255(1), KNRA - 85(A), KALLATTUMUKKU, KAMALESWARAM, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT(S)/STATE & DEFACTO COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. ASLAM KUTTY, AGED 41 YEARS, S/O.MOOSA, KUNNUMPURATHU VEEDU, ODAYAM, EDAVA VILLAGE, CHIRAYINKEEZH, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SRI.T.P.SAJID R2 BY ADV. SRI.LIJU. M.P THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 4685 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

A1:

TRUE COPY OF F.I.R NO.241/2013 DATED 08.02.2013 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM.

A2:

CERTIFIED TRUE COPY OF THE FINAL REPORT DATED 30/03/2013 IN F.I.R NO.241/2013 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM.

A3:

ORIGINAL AFFIDAVIT SWORN BY THE 2ND RESPONDENT AND DULY EXECUTED BEFORE AND ATTESTED BY A NOTARY PUBLIC DATED 04/07/2015.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

ALEXANDER THOMAS, J.

================== Crl.M.C.No. 4685 of 2015 ================== Dated this the 24th day of July, 2015

O R D E R

The petitioners herein are accused Nos.1 and 2 in the impugned Anx.A-2 final report/charge sheet filed in Anx.A-1 Crime No.241/2013 of Medical College Police Station, Thiruvananthapuram, registered for offences punishable under Sec.420 read with Sec.34 of the I.P.C., at the instance of the 2nd respondent, which has led to the institution of Calendar Case, C.C.No.989/2013 on the file of the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram. 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

Crl.M.C.4685/15 - : 2 :- 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 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.4685/15 - : 3 :- Anx.A-2 final report/charge sheet filed in Anx.A-1 Crime No.241/ 2013 of Medical College Police Station, Thiruvananthapuram, which has led to the institution of Calendar Case, C.C.No.989/2013 on the file of the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram, 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